Employment  and  Compensation 
of  Prisoners 


. ./Tv 


PENNSYLVANIA 


Report  of  the  Penal  Commission 
Appointed  Under  Authority  of  an  Act 
Approved  July  25,  1915. 


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Employment  and  Compensation 


of  Prisoners 


IN 


nit  mmi  of  th 

, JAN  12.1S35 

UNIVERSITY  0?  JLLIN 


PENNSYLVANIA 


Report  of  the  Penal  Commission 
Appointed  Under  Authority  of  an  Act 
Approved  July  25,  1915. 


HARRISBURG,  PA.: 

WM.  STANLEY  RAY,  STATE  PRINTER 

1915. 


O 


wt  . 


0 Y 


lilVCPiSTT  Y 


\ 

) 


CONTENTS. 


PART  I. 


1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 


1. 

2. 

3. 


rO 


Letter  of  Submittal,  

An  Act,  

Appointments,  

Analysis  of  the  Act,  

Record  of  Meetings  and  Trips  of  the  Commission 

Scope  and  Limitation  of  the  Work,  

Penal  Institutions  in  Pennsylvania,  

Employment  in  Institutions,  

Compensation  of  Prisoners,  

Recommendations  of  the  Commission,  

PART  II. 


Acts,  

The  Organization  of  the  State-Use  System,  . 
Prison  Labor  Legislation  in  Pennsylvania, 

Effect  of  Unemployment,  

The  Jail  Problem,  

Prisoners’  Wages,  

Letter  of  Chairman,  

Bibliographies,  


Page 
..  7 

8 
9 
9 
9 
10 
12 
15 
20 
27 


31 

42 


78 

99 

100 


978855 


(3) 


t 


(4) 


Part  I 


(5) 


I !.jl 


(6) 


Harrisburg,  Pa.,  February  15,  1915. 


To  the  General  Assembly,  State  of  Pennsylvania: 

Gentlemen: — The  following  report  is  .respectfully  submitted  by  the 
undersigned,  who  were  appointed  by  Governor  John  K.  Tener  under 
the  authority  of  Act  No.  755  of  the  Legislature  of  1913  to  consider  a 
revision  and  amendment  of  the  penal  laws  of  the  State  so  as  to  provide 
for  the  employment  and  compensation  of  prisoners. 

EDWIN  M.  ABBOTT, 

Chairman. 

LOUIS  N.  ROBINSON, 

Secretary. 

PATRICK  GILD  AY. 

WILLIAM  D.  GRIMES. 

ANDREW  HOURIGAN. 

ROBERT  J.  McKENTY. 

SAMUEL  I.  SPYKER. 


(7) 


8 


No.  755. 

AN  ACT 

Authorizing  the  appointment  of  a commission  to  consider  the  revision  and 
amendment  of  the  penal  laws  of  the  State,  so  as  to  provide  for  the  employ- 
ment of  all  inmates  of  all  penal  institutions;  to  provide  for  compensation 
for  their  labor,  and  to  devise  a system  whereby  the  results  of  such  labor 
shall  be  utilized  in  the  penal  and  charitable  institutions  of  the  State;  and 
making  an  appropriation  to  the  expenses  of  said  commission. 

Section  1.  Be  it  enacted,  &c.,  That  the  Governor  is  hereby  au- 
thorized to  appoint  a commission  of  seven  persons,  one  of  whom  shall 
be  a representative  of  organized  labor,  one  of  whom  shall  be  experi- 
enced in  penology,  one  of  whom  shall  be  a person  of  skill  and  experi- 
ence in  making  investigations,  and  four  of  whom  shall  be  learned 
in  the  law,  to  inquire  into  the  advisability  of  amending  the  penal  laws 
of  this  Commonwealth,  so  as  to  provide  for  the  employment  of  all 
inmates  of  all  penal  institutions,  to  provide  compensation  for  their 
labor,  and  to  provide  for  utilizing  the  results  of  such  labor  in  the 
penal  and  charitable  institutions  of  this  Commonwealth. 

Section  2.  The  chairman  of  said  commission  shall  be  designated 
by  the  Governor;  and  the  person  named  on  said  commission  as  a 
skilled  and  experienced  investigator  shall  be  the  secretary  of  the 
commission.  The  commission  shall  have  power  to  employ  such  legal 
counsel  and  other  officers  and  employes  as  it  may  deem  necessary  to 
properly  perform  its  duties. 

Section  3.  The  secretary  of  said  commission  shall  receive  an  an- 
nual salary  of  two  thousand  five  hundred  dollars  ($2,500),  and  his 
actual  necessary  expenses,  and  the  other  members  of  the  commis- 
sion shall  receive  no  compensation  for  their  services,  but  shall  be 
allowed  their  actual  traveling  and  other  necessary  expenses.  The 
salaries  of  any  other  persons  employed  by  the  commission  shall  be 
fixed  by  it. 

Section  4.  Said  commission  shall  make  a full  report,  in  writing, 
of  its  findings,  together  with  such  recommendations  as  it  may  deem 
proper,  to  the  next  meeting  of  the  General  Assembly,  which  will  con- 
vene in  January,  one  thousand  nine  hundred  and  fifteen. 

Section  5.  The  sum  of  ten  thousand  dollars  ($10,000),  or  so  much 
thereof  as  may  be  necessary,  be  and  the  same  is  hereby  appropriated 
for  the  expenses  of  the  said  commission.  The  said  expenses  shall 
be  paid  on  warrants  duly  signed  by  the  chairman  of  the  commission. 

Approved— The  25th  day  of  July,  A.  D.  1913,  in  the  sum  of  $5,000. 
I withhold  my  approval  from  the  remainder  of  said  appropriation 
because  of  insufficient  State  revenue. 


JOHN  K.  TENEK. 


9 


APPOINTMENTS: 

In  accordance  with  the  provisions  of  this  act,  Governor  Tener  ap- 
pointed on  June  17,  1914,  Edwin  M.  Abbott,  of  Philadelphia,  as 
chairman;  Louis  N.  Robinson,  of  Swarthmore,  as  secretary;  Dennis 
Hays,  of  Philadelphia,  as  representative  of  organized  labor;  Robert 
J.  McKenty,  of  Philadelphia,  as  penologist,  and  William  D.  Grimes, 
of  Harrisburg;  Andrew  Hourigan,  of  Wilkes-Barre,  and  Samuel  I. 
Spyker,  of  Huntingdon,  as  representatives  of  the  law. 

Through  pressure  of  other  work,  Dennis  Hays  was  unable  to 
serve;  and  upon  receipt  of  his  resignation,  Patrick  Gilday,  of  Mor- 
risdale,  was  appointed  by  the  Governor  to  serve  in  his  place. 

ANALYSIS  OF  THE  ACT: 

Three  features  of  the  act  deserve  special  mention,  for  a consid- 
eration at  the  outset  of  these  three  features  will  do  much  to  ex- 
plain the  problems  of  the  commission  and  to  make  plain  the  prin- 
ciples which  have  guided  it  in  the  work  of  investigation  and  con- 
structive planning. 

The  act  is  broad  in  its  scope.  “ to  inquire  into  the  advis- 

ability of  amending  the  penal  laws  of  this  Commonwealth,  so  as  to 
provide  for  the  employment  of  all  inmates  of  all  penal  institutions,” 
so  runs  the  act.  The  commission  has  understood  this  to  mean  that 
all  State  institutions  such  as  the  two  penitentiaries,  the  reforma- 
tory at  Huntingdon,  and  the  training  school  at  Morganza,  ail  county 
and  municipal  jails,  workhouses,  houses  of  correction  and  even  sub- 
sidized private  institutions  used  for  the  detention  of  those  com- 
mitted by  the  courts  having  criminal  jurisdiction  are  included  within 
the  scope  of  its  investigations  and  recommendations. 

Secondly,  the  commission  is  asked  to  consider  the  question  of 
compensating  prisoners  for  their  work. 

Thirdly,  the  law  explicitly  directs  the  commission  to  report  on 
the  advisability  of  utilizing  the  products  in  the  penal  and  charitable 
institutions  of  the  State.  This  method  of  disposing  of  the  goods 
produced  in  the  prisons  is  the  distinguishing  characteristic  of  the 
so-called  State-Use  System  of  employing  prisoners. 

RECORD  OF  MEETINGS  AND  TRIPS  OF  THE  COMMISSION: 

The  first  meeting  of  the  commission  was  held  in  Philadelphia  on 
June  24,  1914,  in  the  offices  of  the  chairman,  700  Land  Title  Building. 
At  this  meeting,  the  general  nature  of  the  work  was  discussed  and 
investigations  planned  for  the  purpose  of  furnishing  the  commis- 
sion with  data  on  which  to  base  its  recommendations. 

On  August  28,  the  members  of  the  commission  met  at  Eaglesmere 
to  go  over  the  work  which  the  secretary  had  been  carrying  on  in  the 


10 


interval  since  the  last  meeting.  So  much  interest  was  manifested 
in  the  work  of  the  commission  that  a public  meeting  was  held  in  the 
parlor  of  the  hotel. 

On  the  morning  of  September  29,  the  commissioners  visited  the 
Western  Penitentiary  and,  in  the  afternoon  of  the  same  day,  held 
an  open  meeting  in  the  Law  Library  of  the  Pittsburgh  Court  House. 
The  next  day,  the  commissioners  visited  the  Ohio  State  Reformatory 
at  Mansfield,  and  on  October  1,  were  shown  over  the  Cooley  Farms 
near  Cleveland  by  Mr.  Cooley.  On  October  2,  a conference  was  held 
with  the  Ohio  State  Board  of  Administration  at  Columbus,  Ohio,  and 
the  penitentiary  at  this  place  inspected. 

A visit  was  made  on  October  20  to  the  District  of  Columbia  Work- 
house  situated  at  Occoquan,  Virginia.. 

On  November  19,  the  members  of  the  commission  who  were  within 
reach  were  called  together  in  Mr.  Abbott’s  offices  to  meet  with  labor 
leaders  attending  the  meeting  of  the  American  Federation  of  Labor 
and  to  discuss  with  them  the  problem  of  prison  labor. 

The  commission  met  in  Philadelphia  on  December  30  and  31. 
Visits  were  made  to  the  Eastern  Penitentiary,  the  House  of  Correc- 
tion, and  the  County  Prison  at  Holmesburg.  Part  T of  the  Re- 
port was  read  and  the  bills  drafted  to  carry  out  the  recommendations 
of  the  commission  were  carefully  considered  and  revised. 

On  January  15  and  16,  the  commission  met  again  in  Philadelphia. 
Part  II  of  the  report  was  read  and  certain  features  of  the  bills  re- 
ceived fresh  attention. 

SCOPE  AND  LIMITATION  OF  THE  WORK. 

The  law  creating  the  commission  directs  that  it  report  to  the 
General  Assembly  which  convenes  in  January,  1915.  As  the  mem- 
bers of  the  commission  were  not  appointed  until  June  17,  1914,  only 
such  work  was  planned  as  it  was  thought  could  be  accomplished  in 
the  brief  time  intervening  before  the  meeting  of  the  General  As- 
sembly. 

The  first  task  to  which  the  commission  naturally  turned  was  to 
obtain  the  facts  as  to  institutions,  employment  and  wages.  The 
limitation  of  time  and  the  small  appropriation  granted  to  the  com- 
mission with  which  to  carry  on  the  work  compelled  it  to  rely  on 
existing  records  supplemented  by  correspondence  with  the  institu- 
tions for  the  facts  relating  to  these  subjects.  While  such  informa- 
tion can  never  be  as  satisfactory  as  that  obtained  by  special  agents, 
it  is  thought  that  the  facts  obtained  are  sufficiently  complete  and 
reliable  to  serve  as  a basis  for  recommendations  and  constructive 
legislation. 

In  the  United  States,  past  investigations  have  shown  that  pris- 
oners have  been  employed  in  six  different  ways.  These  six  methods 


11 


of  employment  are  known  respectively  as  the  Lease  System,  the 
Contract  System,  the  Piece-Price  System,  the  Public-Account  Sys- 
tem, the  State-Use  System,  and  the  Public-Works-and-Ways  System.* 
As  was  pointed  out  in  the  analysis  of  the  act,  the  commission  is 
asked,  in  its  investigations,  to  give  special  attention  to  that  form 
of  employment  known  as  the  State-Use  System.  As  a matter  of  fact 
the  commission  has  given  little  time  to  the  study  of  other  systems. 
There  were  several  reasons  for  thus  limiting  the  work.  No  one 
wishes  for  a moment  to  install  the  Lease  System.  In  1883,  the  Con- 
tract System  was  prohibited  in  Pennsylvania.  It  is  a system  which 
is  everywhere  fast  being  supplanted,  and  the  opposition  to  it  in 
Pennsylvania  is  such  that  a repeal  of  the  Law  of  1883  is  not  to  be 
expected.  The  Piece-Price  System  is  but  a modification  of  the  Con- 
tract System.  Pennsylvania  already  has  the  Public-Account  Sys- 
tem. Besides  the  State-Use  System,  there  is  thus  left  for  considera- 
tion only  the  Public-Works-and-Ways  System.  This,  too,  Pennsyl- 
vania has  in  part  as  will  be  explained  later.  For  several  reasons,  no 
detailed  study  was  made  of  this  system.  There  is  great  disagree- 
ment as  to  the  benefit  of  employing  prisoners  under  this  system; 
and  this  situation  coupled  with  the  fact  that  the  best  experiments 
along  this  line  have  nearly  all  been  made  in  the  far  western  states 
has  made  it  seem  advisable,  in  view  of  the  shortness  of  time  and  the 
limitations  as  to  funds,  to  postpone  for  future  consideration  the 
question  of  the  advisability  of  establishing  the  Public-Works-and- 
Ways  System  in  Pennsylvania.  Fortunately,  the  adoption  of  the 


*“The  Lease  System. — Under  this  system  the  contractors  assume  entire  con- 
trol of  the  convicts,  including  their  maintenance  and  discipline,  subject,  how- 
ever, to  the  regulations  fixed  by  statute.  In  general,  the  prisoners  are  re- 
moved from  the  prisons,  and  are  employed  in  outdoor  labor,  such  as  min- 
ing, agriculture,  railroad  construction,  etc.,  though  manufacturing  is  some- 
times carried  on.  The  nature  and  duration  of  the  employment  are,  within 
the  restrictions  of  the  law  fixed  by  the  lease. 

“The  Contract  System. — The  employment  under  this  system  is  usually 
within  the  prison  shops  or  yards,  discipline  and  control  remaining  in  the 
hands  of  the  officers,  only  the  labor  of  the  convicts  being  let  to  and  directed 
by  the  contractors  for  manufacturing  purposes.  The  State  usually  furnishes 
shop  room  and  sometimes  also  provides  power  and  machinery. 

“The  Piece-Price  System.— Not  only  the  discipline  of  the  convicts,  but  the 
direction  of  their  labor  as  well,  is  retained  by  the  State  under  this  system, 
the  contractors  furnishing  the  material  to  be  made  up  and  receiving  the 
finished  product,  an  agreed  price  per  piece  being  paid  for  the  labor  be- 
stowed. 

“The  Public-Account  System. — There  is  no  intervention  of  outside  parties 
under  this  system,  the  employment  of  the  convicts  being  in  all  respects  di- 
rected by  the  State,  and  the  products  of  their  labor  being  sold  for  its  benefit. 

“The  State-Use  System. — This  system  is  similar  to  the  above,  except  that 
such  articles  are  produced  as  will  be  of  service  to  the  State  in  supplying 
and  maintaining  its  various  institutions,  and  are  appropriated  to  such  use 
instead  of  being  put  on  the  general  market. 

“The  Public-Works-and-Ways  System. — Under  this  system  convicts  are  em- 
ployed in  the  construction  and  repair  of  public  streets,  highways,  and  other 
public  works.”  (Senate  Document  No.  494,  63d  Congress,  2d  Session  p 10 
May  22,  1914.)  ’ * ’ 


12 


State-Use  System  will  not  in  any  way  interfere  with  a later  attempt 
to  introduce  the  Public- Works-and- Ways  System.  Under  the  State- 
Use  System,  road  and  other  material  would  be  produced,  and  the 
only  change  necessary  in  case  it  was  later  felt  desirable  to  employ 
prisoners  under  the  Public-Works-and-Ways  System,  would  be  the 
passage  of  an  act  making  it  lawful  to  use  prisoners  in  the  actual 
work  of  building  the  roads  or  constructing  the  works  with  the  ma- 
terial already  prepared. 

The  organization  of  the  State-Use  System  varies  from  State  to 
State.  A brief  study  was  therefore  made  of  this  system  and  the 
results  have  been  included  in  the  report. 

No  one  can  fully  understand  the  meaning  of  the  present  movement 
to  change  the  conditions  of  employment  in  the  penal  institutions  of 
the  State  without  some  knowledge  of  the  history  of  prison  labor  in 
Pennsylvania.  Accordingly  a sketch  of  the  subject  has  been  pre- 
pared to  show  the  changes  that  have  taken  place. 

The  employment  of  the  jail  population  presents  special  difficulties 
not  connected  with  the  laws  which  limit  employment.  As  will  be 
seen,  little  is  done  in  these  institutions,  but  such  is  also  the  situation 
in  states  where  these  hampering  laws  are  not  found.  The  situation 
calls  for  something  more  than  the  repeal  of  old  laws  and  the  cre- 
ation of  the  machinery  of  the  State-Use  System.  In  an  article 
which  has  been  made  a part  of  this  report,  an  attempt  has  been 
made  to  indicate  what  a successful  system  of  employing  the  prison- 
ers of  these  institutions  would  involve. 

The  payment  of  compensation  for  the  work  of  prisoners  is  not  a 
new  thing.  Many  states  have  begun  this  policy,  and  such  informa- 
tion as  could  be  obtained  from  them  through  correspondence  has 
been  analyzed  and  included  in  the  report. 

The  commission  has  also  caused  bills  to  be  drafted  to  carry  out 
the  measures  recommended,  and  these  bills  together  with  other 
matters  thought  to  be  of  use  to  legislators  and  the  general  public 
have  been  printed  as  part  of  the  report. 

PENAL  INSTITUTIONS  IN  PENNSYLVANIA. 

Number:  There  are  in  Pennsylvania  at  the  present  time  two 
penitentiaries,  one  reformatory  for  adults,  four  institutions  for 
juvenile  delinquents  and  seventy  county  institutions,  making  a total 
of  seventy -seven  institutions  which  are  used  for  the  detention  of  sen- 
tenced prisoners.  In  addition,  there  are  about  fifty  municipal  jails 
and  lockups;  used  mainly  for  the  temporary  safekeeping  of  pris- 
oners who  are  afterwards  transferred  to  the  county  jail.  In  1013, 
an  act  was  passed  providing  for  the  establishment  of  a State  Indus- 
trial Home  for  Women.  This  institution  is  not  yet  ready  to  receive 
inmates. 


13 


Population:  With  one  slight  exception,  it  has  been  possible  to 
secure  information  from  two  separate  sources  as  to  the  number  of 
sentenced  prisoners  in  all  classes  of  institutions.  This  commission 
itself  did  not  include  the  municipal  jails  and  lockups  in  its  inves- 
tigation. In  view  of  the  short  time  in  which  the  commission  had  to 
carry  on  its  work  and  the  difficulties  experienced  in  obtaining  in- 
formation from  the  county  institutions  it  was  not  thought  wise  to 
attempt  to  bring  these  within  the  scope  of  its  report.  As  will  be 
seen,  morever,  from  the  following  table,  the  number  found  in  these 
institutions  in  1910  was  insignificant.  On  January  1,  1910,  the  total 
population  of  all  institutions,  exclusive  of  the  municipal  jails  and 
lockups,  was  10,205  ; on  September  15,  1914,  the  number  was  10,375. 
There  has  been  a decided  decrease  in  the  number  of  those  found  in 
penitentiaries,  but  this  decrease  has  been  more  than  made  up  by  a 
large  increase  in  the  population  of  county  institutions. 

In  1910,  slightly  over  ninety  per  cent,  of  the  inmates  were  males; 
and  as  such  percentages  usually  remain  fairly  constant  over  a long 
period  of  years  the  sex  composition  of  the  prison  population  may  be 
given  as  one  female  to  nine  males. 

The  following  table  gives  in  detail  the  penal  institutions  of  the 
State  and  the  number  of  sentenced  inmates  found  in  them  on  Janu- 
ary 1,  1910,  and  on  September  15,  1910. 


SENTENCED  PRISONERS  IN  INSTITUTIONS. 


1. 

2. 


1. 


1. 

2. 

3. 

4. 


1. 

2. 

3. 

4. 

5. 


Institution. 


Total  (exclusive  of  municipal  jails  and  lockups), 


State  penitentiaries,  

Eastern  Penitentiary,  Philadelphia,  

Western  Penitentiary,  Allegheny,  

State  reformatory,  

Pennsylvania  Industrial  Reformatory,  Huntingdon,  

Institutions  for  juvenile  delinquents,  

Pennsylvania  Reform  School,  Morganza,  

Pennsylvania  State  House  of  Refuge  for  Boys,  Glen  Mill, 

The  House  of  Refuge  Girls  Department.  Darling,  

The  Philadelphia  Protectory  for  Boys,  Pawling 

County  Institutions 

Adams  County  Jail,  Gettysburg,  

Allegheny  County  Prison  Allegheny 

Allegheny  County  Workhouse  and  Inebriate  Asylum, 

Hoboken,  • 

Armstrong  County  Jail,  Kittanning,  

Beaver  County  Jail,  Beaver 


January  1,  1910.* 

Sept. 

15, 

1914. f 

"3 

© 

Male. 

Female. 

Total. 

10,206 

9,208 

997 

10,375 

2,788 

2,727 

61 

2,319 

1 527 

1,493 

34 

1,461 

1,261 

1,234 

£7 

858 

722 

722 

737 

722 

722 

737 

2,138 

1 627 

511 

2,020 

497 

376 

121 

422 

834 

834 

710 

390 

390 

462 

417 

417 

426 

4,457 

4,132 

425 

5,299 

1 

1 

13 

217 

183 

34 

280 

792 

713 

79 

845 

5 

5 

8 

6 

6 

36 

14 


SENTENCED  PRISONERS  IN  INSTITUTIONS. 


3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 


Institution. 


Bedford  County  Jail,  Bedford  

Berks  County  Prison,  Reading 

Blair  County  Jail,  Hollidaysburg,  

Bradford  County  Jail,  Towanda 

Bucks  County  Jail,  Doylestown,  

Butler  County  Jail,  Butler,  

Cambria  County  Jail,  Ebensburg,  

Cameron  County  Jail,  Emporium,  

Carbon  County  Jail,  Mauch  Chunk,  

Center  County  Jail  Bellefonte 

Chester  County  Jail,  West  Chester,  

Clarion  County  Jail,  Clarion,  

Clearfield  County  Jail,  Clearfield,  

Clinton  County  Jail,  Lock  Haven 

Columbia  County  Jail,  Bloomsburg,  

Crawford  County  Jail,  Meadville 

Cumberland  County  Jail,  Carlisle,  

Dauphin  County  Prison,  Harrisburg,  

Delaware  County  Prison,  Media  

Elk  County  Jail,  Ridgway 

Erie  County  Jail,  Erie,  

Fayette  County  Jail,  Uniontown 

Forest  County  Jail,  Tionesta,  

Franklin  County  Jail,  Chambersburg,  

Fulton  County  Jail,  McConnellsburg,  

Greene  County  Jail,  Waynesburg,  

Huntingdon  County  Jail,  Huntingdon,  

Indiana  County  Jail  Indiana,  

Jefferson  County  Jail,  Brookville,  

Juniata  County  Jail,  Mifflintown,  .• 

Lackawanna  County  Jail,  Scranton,  

Lancaster  County  Prison,  Lancaster,  

Lawrence  County  Jail,  New  Castle,  

Lebanon  County  Jail,  Lebanon,  

Lehigh  County  Jail,  Allentown,  

Luzerne  County  Jail,  Wilkes-Barre,  

Lycoming  County  Jail.  Williamsport  

McKean  County  Jail,  Smethport 

Mercer  County  Jail,  Mercer 

Mifflin  County  Jail,  Lewistown 

Monroe  County  Jail,  Stroudsburg,  

Montgomery  County  Prison,  Norristown,  

Montour  County  Jail,  Danville 

Northampton  County  Prison,  Easton,  

Northumberland  County  Prison,  Sunbury,  

Perry  County  Jail,  New  Bloomfield  

Philadelphia  County  Convict  Department,  Holmesburg, 

Philadelphia  County  Prison,  Philadelphia 

Philadelphia  House  of  Correction,  Holmesburg 

Pike  County  Jail,  Milford,  

Potter  County  Jail,  Coudersport,  

Schuylkill  County  Prison,  Pottsville,  

Snyder  County  Prison,  Middleburg,  

Somerset  County  Jail,  Somerset,  

Sullivan  County  Jail,  Laporte,  

Susquehanna  County  Jail,  Montrose,  

Tioga  County  Jail,  Wellsboro,  

Union  County  Jail,  Lewisburg 

Venango  County  Jail,  Franklin,  

Warren  County  Jail,  Warren 

Washington  County  Jail,  Washington,  

Wayne  County  Jail,  Honesdale,  

Westmoreland  County  Jail,  Greensburg,  

Wyoming  County  Jail,  Tunkhannock,  

York  County  Prison 


Municipal  jails  and  lockups 

Ashland  Station  House,  Ashland, 
Ashley  Borough  Lockup,  Ashley,  . 

Bangor  Lockup,  Bangor 

Beaver  Falls  Lockup,  Beaver  Falls, 

Bellefonte  Lockup,  Bellefonte,  

Bradford  City  Jail,  Bradford,  ... 

Butler  Lockup,  Butler 

Charleroi  Lockup,  Charleroi,  

Chester  Lockup,  Chester,  

Connellsville  Lockup,  Corry 


January  1,  1910." 


Sept. 

15, 
1914. f 


2 

77 

74 

3 

70 

18 

15 

3 

42 

16 

16 

14 

30 

29 

1 

45 

6 

6 

11 

76 

68 

8 

97 

1 

12 

12 

7 

1 

1 

6 

34 

34 

2 

49 

7 

7 

8 

6 

5 

1 

8 

15 

15 

2 

6 

6 

3 

14 

' 14 

11 

112 

107 

5 

113 

71 

65 

6 

39 

5 

5 

0 

71 

69 

2 

71 

16 

12 

4 

95 

o 

20 

20 

20 

o 

1 

1 

1 

1 

21 

6 

6 

9 

1 

1 

13 

131 

119 

12 

157 

83 

80 

3 

83 

57 

54 

3 

62 

11 

11 

8 

93 

86 

7 

162 

88 

82 

6 

76 

20 

15 

5 

25 

4 

4 

7 

4 

4 

30 

7 

4 

3 

15 

3 

3 

6 

140 

132 

8 

70 

1 

1 

1 

123 

118 

5 

102 

59 

59 

67 

g 

636 

636 

) 967 

199 

143 

56 

\ 

882 

741 

141 

1,109 

o 

2 

2 

4 

108 

107 

i 

154 

3 

3 

2 

5 

5 

9 

2 

6 

6 

3 

o 

2 

8 

7 

l 

2 

12 

12 

7 

44 

37 

7 

115 

1 

1 

1 

106 

96 

9 

43 

0 

78 

68 

io 

70 

108 

107 

1 

1 

1 

1 

1 

7 

7 

1 

1 

2 

2 

1 

1 

SENTENCED  PRISONERS  IN  INSTITUTIONS. 


Institution. 


January  1,  1910.* 


Sept. 

15, 
1914. t 


Danville  Lockup,  Danville,  

DuBois  Lockup,  DuBois 

East  Mauch  Chunk  Borough  Station  ’ House!’ ’East’  Mauch 

Chunk 

Edwardsville  City  Jail,  Wilkes-Barre,!!." 

Forest  City  Lockup,  Forest  City 

Franklin  Lockup,  Franklin 

Freeland  Police  Station,  Freeland 

Greenville  Lockup,  Greenville,  

Hanover  Lockup,  Hanover,  

Hazelton  City  Prison,  Hazleton,  ...!!!!!!!!!!!!!!! 

Homestead  Lockup,  Homestead,  

Jeanette  Lockup,  Jeanette,  

Johnstown  City  Prison,  Johnstown, 

Kane  Lockup,  Kane 

Latrobe  Lockup,  Latrobe,  

Lebanon  Police  Station,  Lebanon  . 

Mahanoy  City  Lockup,  Mahanoy,’  ..  

Middletown  Lock,  Middletown 

Milford  Jail,  Milford 

Milton  Lockup,  Milton,  !!..!!. 

Monongahela  Lockup , Monongahela  

Mt.  Carmel  Borough  Lockup,  Mt.  Carmel 

Nanticoke  Borough  Lockup,  Nanticoke,  . ’ 

£.e,w~.Bnghton  Lockup,  New  Brighton,  ....  

Oil  City  Lockup,  Oil  City 

Puila5elPM,ia  ?°;?se  ?,f  Detention,  Philadelphia! "!!""”" 
Phoemxville  Police  Department,  Phoenixville 

Pittston  City  Prison,  Pittston,  ...  

Plymouth  Police  Station,  Plymouth  .!.!!!”!!*.'"" 

Punxsutawney  'Lockup,  Punxsutawney 

Heading  Lockup,  Reading,  

Rochester  Lockup,  Rochester,  

Scottdale  Lockup,  Scottdale  ..  ’ 

Shamokin  Lockup,  Shamokin,  ....!..!!! 

South  Bethlehem  Lockup,  South  Bethlehem" ".'.! ". 

Susquehanna  Lockup,  Susquehanna 

Titusville  Police,  Titusville  . . 

Towanda  Police  Station,  To wanda 

Tyrone  Lockup,  Tyrone,  

Warren  Borough  Lockup,  Warren  


EMPLOYMENT  IN  INSTITUTIONS: 

a.  Legal  Situation:  Any  exposition  of  the  present  labor  situa- 
tion in  the  penal  institutions  of  the  State,  should  be  prefaced  with 
the  statement  that  there  is  a mighty  legal  obstacle  in  the  way  of  the 
employment  of  prisoners.  The  act  of  .Tune  18,  1897,  fP.  L.  170)  as 
amended  by  the  act  of  April  28,  1899  (P.  L.  122)  prohibits  the  use 
of  power  machinery  and  forbids  the  employment  of  more  than  thirty- 
five  per  cent  of  the  inmates  of  any  State  or  county  institution  in 
the  production  of  goods  for  sale.*  It  is,  of  course,  still  possible  for 
the  officials  in  control  of  such  an  institution  to  use  the  inmates  as 
cooks,  chambermaids  and  men-of-all-works  and,  so  far  as  the  county 
institutions  are  concerned,  to  employ  the  inmates  in  the  production 
of  goods  for  their  own  use;  but  these  opportunities  do  not  afford  any 

Bnreat 1 of  the^ensns16  PP‘  Bulletin  121,  Prisoners  and  Juvenile  Delinquents,,  lino, 

kee’Je'rl.  0btaine<3  b5,  tlle  commission  through  correspondenee  with  superintendents,  sheriffs  and 


oth^rekl°d  br?°™ '“I''inhr'i"he9  and  hollow  waref^nd  temper  centum'1  in” the^mam  f‘°t tbe 

$rp,kr,s°LdE0M^ 

of  inmates  may  be  employed.”  See  secs.  1 and  2,  M April,  1899, Pp.  °f  Wh°le  number 


real  employment  to  the  thousands  of  individuals  in  confinement. 
Enlightened  wardens,  as  the  warden  of  the  Eastern  Penitentiary, 
have  sought  to  interest  the  idle  men  in  school  and  trade  work,  and 
three  jail  wardens  employ,  so  it  would  seem  from  the  figures,  more 
than  the  allotted  thirty-five  per  cent  of  the  inmates  of  the  institu- 
tion under  their  charge  in  the  production  of  goods  for  sale.  The 
Act  of  May  27,  1007  (P.  L.  247)  offers  on  the  face  of  it  some  relief 
to  the  county  jails  and  workhouses.  It  makes  it  legally  possible  to 
employ  on  the  highways  all  able-bodied  males  serving  sentences  in 
jails  and  workhouses,  although  the  consent  of  the  managers  or  of- 
ficers in  control  of  a workhouse  is  necessary  if  more  than  ten  per 
cent  of  the  inmates  of  such  an  institution  are  to  be  employed.  As 
a matter  of  fact,  only  three  of  the  sixty-seven  counties  of  the  State 
have  taken  any  advantage  of  this  act. 

b.  Facts  as  to  Employment:  From  data  which  the  commission 
has  secured  through  correspondence  with  the  institutions  in  regard 
to  the  subject  of  employment,  a table  was  prepared  not  only  to  show 
the  extent  of  employment  but  to  differentiate  between  the  employ- 
ment of  prisoners  in  the  production  of  goods  for  sale  and  their  em- 
ployment in  the  care  of  the  institution  or  in  making  goods  for  their 
own  use. 

So  far  as  can  be  determined  the  situation  would  appear  to  be  as 
follows: 

1.  Penitentiaries : The  Western  Penitentiary  employs  its  full 
quota  of  35  per  cent  in  the  production  of  goods  for  sale,  while  the 
Eastern  Penitentiary  employs  but  17  per  cent  for  similar  purposes. 
The  Western  Penitentiary  reports  that  56.4  per  cent  of  the  inmates 
are  employed  in  institution  work;  the  number  thus  employed  in  the 
Eastern  Penitentiary  is  given  as  14  per  cent.  The  Western  Peni- 
tentiary has,  of  course,  an  opportunity  not  open  to  the  Eastern  Peni- 
tentiary in  that  it  can  employ  a large  number  of  prisoners  on  its 
immense  tract  of  land  in  Central  Pennsylvania. 

2.  Reformatory:  No  goods  are  produced  for  sale  in  the  Penn- 
sylvania Industrial  Reformatory  at  Huntingdon.  The  inmates  are 
taught  trades  and  are  employed  to  some  extent  in  the  manufacture 
of  goods  for  their  own  use  and  in  serving  the  institution. 

3.  Institutions  for  Juvenile  Delinquent:  None  of  these  institu- 
tions employ  their  inmates  in  the  production  of  goods  for  sale.  On 
the  other  hand,  practically  all  are  kept  busy  either  in  attending 
schools,  in  caring  for  the  institutions,  or  in  producing  goods  for 
their  own  use  or  that  of  the  institution. 

4.  County  Institutions:  In  forty-two  of  the  seventy  county  in- 
stitutions, the  inmates  carry  on  no  work  -whatsoever,  but  are  kept  in 
complete  idleness.  Goods  for  sale  are  produced  in  twelve,  but  in 
only  five  of  the  twelve  does  these  seem  to  be  an  attempt  to  employ 


17 


in  this  way  as  many  as  the  law  allows.  Three  of  the  five,  as  was 
stated  previously,  employ  more  than  35  per  cent  in  the  production 
of  goods  for  sale.  Twenty-six  of  the  institutions  employ  some  of  the 
prisoners  in  other  ways,  mainly  in  caring  for  the  institution  The 
Philadelphia  House  of  Correction  also  assists  certain  departments 
of  the  city  government.  Three  institutions  report  that  they  have 
done  some  road-work.  On  account  of  the  lack  of  detail,  it  is  im- 
possible to  state  with  any  degree  of  accuracy  the  average  percent^ 
employed  taking  the  county  institutions  as  a whole.  In  all  prob- 
ability,  the  figures  overstate  the  amount  of  employment.  Desultory 
employment  is  one  thing,  steady  employment  is  another,  and  yet  the 
figures  fail  to  reveal  this  fact.  One  thing  at  least  is  certain  Idle- 
ness is  the  rule  and  effective  economic  enterprise  a rare  feature  o 

the  county  institutions  for  criminals. 

5 General  Conclusions:  An  examination  of  the  figures  for  a 
the'institutions  enables  one  to  note  other  facts  of  importance.  In  the 
first  place,  it  will  be  seen  that  the  legal  limitation  already  mentioned 
could  not  have  been  the  only  obstacle  in  the  way  of  the  employment 
of  the  prisoners,  since  only  seven  of  the  institutions  come  anywhere 
near  employing  the  35  per  cent  allowed  by  law,  in  the  production  of 
goods  for  sale.  The  reformatory  and  the  four  institutions  for  juve- 
nile  delinquents  have  given  up  entirely  all  attempts  to  manufacture 
„00ds  for  outside  use,  and  the  large  number  of  county  institutions 
which  do  no  work  at  all  is  particularly  noticeable  The  Commission 
is  decidedly  of  the  opinion  that  the  real  explanation  of  the  failure 
on  the  part  of  the  county  institutions  to  employ  their  inmates  is  to 
be  found  not  in  the  law  of  1897  but  in  the  nature  of  the  county  jail 
or  prison  itself.  Its  location,  size  and  customary  management  ma  e 
it  in  general,  unsuitable  for  the  successful  employment  of  prison- 
ers. As  this  phase  of  the  problem  is  discussed  fully  in  Part  II,  it 

is  not  necessary  to  enlarge  on  it  here.  , , ..  . 

The  following  table  on  employment  gives  the  tacts  in  detail  fo 

each  institution:  ■■ 


Institution. 


Goods  Produced  for  Sale. 


Kind. 


All  Other  Work. 


Kind. 


State  penitentaries 

Eastern  Penitentiary , 
Philadelphia. 

Western  Penitentiary, 
Allegheny. 


Chair  caning,  cigars, 
shoes,  stockings. 

Mats  and  matting,  hos- 
iery and  brooms. 


35 


Outside  and  inside  work 
of  all  descriptions.  Trade 
work. 

Outside  and  inside  work, 


14 


54 


18 


Institution. 


Goods  Produced  for  Sale. 


All  Other  Work. 


Kind. 


Kind. 


State  reformatory: 

1.  Pennsylvania  Industrial 
Reformatory,  Hunting- 
don. 

Institutions  for  juvenile  de- 
linquents : 

None,  

0 

1.  Pennsylvania  Reform 

School,  Morganza. 

None,  

0 

2.  Pennsylvania  State 

House  of  Refuge  for 
Boys,  Glen  Mills. 

None,  

0 

3.  The  House  of  Refuge, 
Girls  Department,  Dar- 
ling. 

None,  

0 

4.  The  Philadelphia  Protec- 
tory for  Boys,  Pawl- 
ing. 

County  institutions: 

None,  

0 

1.  Adams  County  Jail, 
Gettysburg. 

None 

0 

2.  Allegheny  County  Prison, 
Allegheny. 

None,  

9 

3.  Allegheny  County  Work- 
house  and  Inebriate 
Asylum,  Hoboken. 

Brooms,  brushes,  carpet, 
chairs. 

34 

4.  Armstrong  County  Jail, 
Kittanning. 

None,  

0 

6.  Beaver  County  Jail, 
Beaver. 

None,  

0 

6.  Bedford  County  Jail, 
Bedford. 

None,  

0 

7.  Berks  County  Prison, 
Reading. 

Carpet,  

10 

8.  Blair  County  Jail,  Holli- 
daysburg. 

None,  

0 

9.  Bradford  County  Jail, 
Towanda. 

None,  

0 

19.  Bucks  County  Jail,  Doy- 
lestown. 

Breaking  stone,  

60 

11.  Butler  County  Jail,  But- 
ler. 

None,  

0 

12.  Cambria  County  Jail. 
Ebensburg. 

None,  

0 

13.  Cameron  County  Jail, 
Emporium. 

None,  

0 

14.  Carbon  County  Jail, 
Mauch  Chunk. 

None,  

0 

16.  Centre  County  Jail,  Bel- 
lefonte. 

None 

0 

16.  Chester  County  Prison, 
West  Chester. 

Carpets,  caning  chairs, 
brooms,  carpet,  rugs. 

71.4 

17.  Clarion  County  Jail, 
Clarion. 

None,  

0 

Trade  school  work  for  the 
institution,  on  the  farm, 
island  garden,  roads, 
etc. 


90 


Outside  work  and  dairy 
work,  tailoring,  shoe- 
making, plumbing,  car- 
pentry, blacksmithing, 
bricklaying,  laundry 
work,  household,  cook- 
ing, dress-making,  knit- 
ting, and  domestic 
science. 

Printing,  carpentering 
blacksmithing,  mason’s 
work,  shoemaking, 
p a i n ti  n g,  tailoring, 
steam  fitting,  plumb- 
ing, practical  electrical 
engineering,  stocking, 
butchering,  and  meat 
cutting,  farming  and 
gardening,  care  of  stock 
and  baking. 

Sewing,  dressmaking 
house-hold  work,  care  of 
chickens,  pigs,  farm 
work,  etc. 

Tailoring,  shoe-making 
wood  carving,  carpentry 
and  joining  end  cooking. 


100 


100 


100 

100 


None,  

Cooking,  baking,  laundry 
work  and  care  of  insti- 
tution. 

Laboring  and  labor  on 
farm. 

Care  of  institution,  

None * 

None 

Care  of  institution,  — 

Care  of  institution,  — 

None,  

General  work  in  and 
around  the  institution. 
None 

County  road  and  farm 
work,  take  care  of  a 
park  for  county  and  all 
work  at  the  prison. 
None,  

None 

None,  

Care  of  institution,  etc., 

None 


Not 

given 


0 

Not 

given 

Not 

given 

0 

50 

0 

100 


0 

0 

0 

28.6 

0 


19 


Institution. 


Kind. 


All  Other  Work. 


Kind. 


u 

PLi 


18.  Clearfield  County  Jail, 

Clearfield. 

19.  Clinton  County  Jail, 

Lock  Haven. 

20.  Columbia  County  Jail, 

Bloomsburg. 

21.  Crawford  County  Jail, 

Meadville. 

22.  Cumberland  County  Jail, 

Carlisle. 

23.  Dauphin  County  Jail, 

Harrisburg. 

24.  Delaware  County  Prison, 


Media. 

25. 

Elk  County  Jail, 
way. 

Ridg- 

26. 

Erie  County  Jail, 

Erie, 

27. 

Fayette  County 
Uniontown. 

Jail, 

28. 

Forest  County 

Tionesta. 

Jail, 

29. 

Franklin  County 
Chambersburg. 

Jail, 

30. 

Fulton  County 

McConnellsburg. 

Jail, 

31. 

Greene  County 
Waynesburg. 

Jail, 

32. 

Huntingdon  County 
Huntingdon. 

Jail, 

33. 

Indiana  County 
Indiana. 

Jail, 

34. 

Jefferson  County 
Brookville. 

Jail, 

35. 

Juniata  County 
Mifflintown. 

Jail, 

36. 

Lackawanna  County 
Scranton. 

Jail, 

37. 

Lancaster  County  Prison, 
Lancaster. 

38. 

Lawrence  County 
New  Castle. 

Jail, 

39. 

Lebanon  County 
Lebanon. 

Jail, 

40. 

Lehigh  County  Jail,  Al- 
lentown. 

41. 

Luzerne  County 
Wilkes-Barre. 

Jail, 

42.  Lycoming  County  Jail, 

Williamsport. 

43.  McKean  County  Jail, 

Smethport. 

44.  Mercer  County  Jail,  Mer- 

cer. 

45.  Mifflin  County  Jail, 

Lewistown. 

46.  Monroe  County  Jail, 

Stroudsburg. 

17.  Montgomery  County  Pris- 
on, Norristown. 

48.  Montour  County  Jail, 

Danville. 

49.  Northampton  County 

Prison,  Easton. 


50.  Northumberland  County 

Prison,  Sunbury. 

51.  Perry  County  Jail,  New 

Bloomfield. 


None,  

None,  

None,  

None 

None 

None 

Rag  carpets,  caning 
chairs. 

None,  

None,  

None 

No^ie,  

None 

None,  

None,  

None,  

None,  

None 

None,  

None,  

Carpet,  

None,  

None,  

Carpets,  cloth  for  prison 
wear,  stockings,  etc. 
None,  

None,  

None,  

None,  

None,  

None 

Tying  and  sewing  rags. 

None,  

Carpet,  

Carpet  and  socks,  

None,  


0 

0 

0 

0 

0 

0 


0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

15 

0 

0 

12 

0 


0 

0 

0 

0 

0 

10 

0 

10 


33.3 


0 


None 

None 

None 

None,  

None 

None 

Care  of  institution 

None,  

None,  

Care  of  institution  and 

court  house,  

None 

Care  of  institution,  

None,  

None,  

Care  of  institution 

None,  

None 

None 

Care  of  institution,  


0 

0 

0 

0 

0 

0 


0 

0 

Not 

given 

0 

Not 

given 

0 

0 

Not 

given 

0 

0 

0 

Not 

given 


Public  highways 

None 

Care  of  institution,  

Make  towels,  sheets, 
pillow  slips,  wraps, 
repair  clothing,  make 
shoes  and  hosiery;  steam 
is  furnished  to  court 
house. 

None,  

None 

Care  of  court  house  and 
lawn,  

None 

None,  

Caring  for  institution, 
laundry  work,  

None 

Tending  boilers,  painting, 
gardeners,  tailoring, 
school  teachers,  etc. 


None, 


Not 

given 

0 


Not 

given 

0 


90 


Not 

given 


20 


Institution. 


Goods  Produced  for  Sale. 

All  Other  Work. 

*6 

o> 

a> 

O 

o 

71 

71 

a 

a 

<u 

<u 

Kind. 

Kind. 

a 

p 

o 

D 

V 

O 

u 

u 

£ 

£ 

52.  Philadelphia  County  1 

Convict  Department,  I 
Holmesburg.  {■ 

53.  Philadelphia  County  | 

Prison,  Philadelphia.  J 

54.  Philadelphia  House  of 

Correction,  Holmesburg. 


55.  Pike  County  Jail,  Mil- 

ford. 

56.  Potter  County  Jail,  Cou- 

dersport. 

57.  Schuylkill  County  Prison, 

Pottsville. 

58.  Snyder  County  Prison, 

Middleburg. 

59.  Somerset  County  Jail, 

Somerset. 

60.  Sullivan  County  Jail,  La- 

porte. 

31.  Susquehanna  County  Jail, 
Montrose. 

62.  Tioga  County  Jail, 

Wellsboro. 

63.  Union  County  Jail,  Lew- 

isburg. 

64.  Venango  County,  

65.  Warren  County,  

66.  Washington  County  Jail, 

Washington. 

67.  Wayne  County  Jail, 

Honesdale. 

68.  Westmoreland  County 

Jail,  Greensburg. 

69.  Wyoming  County  Jail, 

Tunkhannock. 

70.  York  County  Prison, 

York. 


Shoes,  carpet,  stockings, 
brushes. 


Quarrying  stone  and 
gravel,  manufacturing 
gas. 


None,  

None,  

Carpet,  knitting, 

None,  

None,  

None,  

None 

None 

None,  

None 

None 

None 

None,  

None 

None,  

None 


Upholstering,  sewing, 
laundry  work,  baking, 
kitchen,  laboring,  car- 
pentering, painting, 
nursing,  scrubbing,  etc. 
Farm  work,  firing  boilers, 
stable  work,  scrubbing, 
sweeping,  cleaning, 
mason  work,  carpenter- 
ing, tinsmithing,  horse- 
shoeing, tailoring,  paint- 
ing, baking,  meat  cut- 
ting, clerking,  kitchen 
work,  messengers,  soap 
making,  barbers,  gar- 
dening and  laundries. 
None 

None 

Care  of  institution 

None 

None 

None 

None 

None 

None 

None,  

Care  of  institution,  — 
Care  of  county  buildings, 
streets  and  lawns. 

None 

Care  of  institution,  

None,  

None,  


28.3 


20 

0 

0 

0 

0 

0 

0 

0 

Not 

given 

20 

0 

75 

0 

0 


COMPENSATION  OF  PPvISONEPS. 

a.  Legal  Situation:  There  are  two  laws  which  in  a measure  es- 
tablish a legal  system  for  the  compensation  of  prisoners.  Section 
4 of  the  Act  of  June  13,  1883,  (P.  L.  112)  reads  as  follows: 

“All  convicts  under  control  of  the  State  and  county  officers, 
and  all  inmates  of  reformatory  institutions  engaged  in  manu- 
facturing articles  for  general  consumption,  shall  receive  quar- 
terly wages  equal  to  the  amount  of  their  earnings,  to  be  fixed 
from  time  to  time,  by  the  authorities  of  the  institution,  from 
| which  board,  lodging,  clothing,  and  the  costs  of  trial  shall  be 
deducted,  and  the  balance  paid  to  their  families  or  dependents; 
in  case  none  such  appear  the  amount  shall  be  paid  to  the  con- 
vict at  the  expiration  of  the  term  of  imprisonment.” 


21 


Taken  in  conjunction  with  the  law  of  1897  limiting  the  number 
that  can  be  employed  and  preventing  the  use  of  power  machinery, 
it  does  not  seem  to  offer  much  hope  of  reward  to  the  average  pris- 
oner. 

The  Act  of  June  12,  1913,  (P.  L.  502)  provides  that  when  a defend- 
ant is  sentenced  to  imprisonment  at  hard  labor  for  non-support  of 
wife,  children,  or  aged  parents,  the  official  in  charge  of  the  insti- 
tution shall  pay  to  the  person  designated  by  the  Court  the  sum  of 
65  cents  per  day  Sundays  and  legal  holidays  only  excepted.  Such 
sums  come  out  of  the  general  running  expenses  of  the  institution. 
If  the  labor  done  in  such  institution  is  not  sufficient  to  pay  the 
running  expenses  then  this  sum  is  charged  to  the  county  from  which 
the  defendant  was  committed. 

Votaw  states  on  page  10  of  his  supplement  to  No.  53  of  the  Jour- 
nal of  Prison  Discipline  and  Philanthropy  that  the  judges  omit  the 
words  “to  labor”  and  that  the  law  in  consequence  is  generally  in- 
operative throughout  the  Commonwealth. 

b.  Facts  as  to  compensation:  Inquiries  were  sent  to  all  the 
institutions  in  which  the  prisoners  were  reported  as  employed  either 
in  the  production  of  goods  for  sale  or  in  making  things  for  their 
own  use  or  that  of  the  institution.  In  only  five  would  it  appear  that 
the  prisoners  are  paid  wages.  One  of  the  five  mentions  the  non- 
support act  and  another  one  refers  to  it  but  adds  that  no  appropria- 
tion has  as  yet  been  made  by  the  county  commissioners.  The  East- 
ern Penitentiary  is  the  only  State  institution  in  which  wages  are 
paid. 

As  a general  thing,  the  prisoners  are  paid  according  to  the  amount 
produced.  Sometimes  a stated  amount  is  exacted  from  them  and 
they  are  then  paid  for  all  produced  over  and  above  this  amount.  In 
other  cases,  they  are  paid  by  the  day,  month,  etc.  Asa  general  thing, 
this  latter  method  of  payment  is  used  in  those  cases  where  it  would 
be  difficult  to  estimate  the  amount  produced,  as  engineers,  assist- 
ants, etc.  Under  the  circumstances,  any  individual  differences  in 
the  amount  received  would  depend  on  the  amount  produced  or  on 
the  occupation  followed.  The  amount  is  always  small,  never,  it 
would  seem  equaling  the  wages  of  the  worst  paid  free  day  laborer. 

In  all  cases  but  one,  the  amount  allowed  is  determined  by  the 
board  in  charge  of  the  institution;  in  one  instance  the  wages  are 
fixed  by  the  warden.  All  the  institutions,  with  the  exception  of 
Chester  County  Jail,  charge  the  wages  direct  to  the  cost  of  pro- 
duction. This  one  institution  states  that  the  wages  are  paid  by  the 
county  treasurer. 

It  is  clear  that  the  compensation  of  prisoners  in  Pennsylvania  is 
as  yet  only  an  isolated  phenomenon.  The  limitation  in  the  number 


22 


that  can  be  employed,  the  ban  on  power  machinery,  the  kind  of  work 
carried  on,  the  nature  of  the  institution,  and  the  attitude  of  those 
in  charge  must  all  be  taken  into  consideration  in  an  effort  to  account 
for  the  small  number  of  institution  in  which  prisoners  are  paid.  The 
two  laws  governing  the  payment  of  wages  seem  to  have  had  little 
or  no  effect  on  the  actual  payment  of  wages. 

The  following  table  gives  the  situation  in  detail  as  to  the  com- 
pensation of  prisoners: 


COMPENSATION  OF  PRISONERS. 


23 


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COMPENSATION  OF  PRISONERS. 


24 


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26 


*LIST. 


SHOE  DEPARTMENT. 


Cutters,  $1.00  per  month  allowance. 

Fitters,  1 cent  per  pair  for  brogans. 

Fitters,  2 cents  per  pair  peg  bals. 

Fitters,  5 cents  per  pair  of  custom  shoes. 

Shoemakers,  3i  cents  per  pair  of  cell  shoes. 

Shoemakers,  7 cents  per  pair  for  yard  brogans  and  bals. 
Shoemakers,  30'  cents  per  pair  for  hand  sewed  custom  work. 
Shoemaking,  25  cents  per  pair  for  fudging. 

Cobbling,  20  cents  per  pair  for  half  soled  and  heeling  (sewed). 

Cobbling,  15  cents  per  pair  for  half  soled  and  heeling  (nailed). 

Cobbling,  16  cents  per  pair  for  soling  (sewed). 

Cobbling,  11  cents  per  pair  for  soling  (nailed). 

Cobbling,  4 cents  per  pair  for  heeling. 


CIGAR  DEPARTMENT. 

Tobacco  strippers  from  $.00i  to  $.001  per  pound  according  to  the  grade  of  tobacco. 
Wrapper  strippers  and  selectors  4 cents  per  pound. 

Cigar  makers  from  8 cents  to  $2.35  per  thousand,  according  to  grade  of  cigars. 
Packers,  10  cents  per  thousand. 

Box  makers  and  trimmers,  $1.00'  per  month  allowance. 

Tobacco  stockmen  from  $1.00  to  $2.00  per  month  allowance. 

Labeling,  $1.00  per  month  allowance. 

Banding,  10  cents  per  thousand. 

Cutting,  5 cents  per  thousand. 


STOCKING  DEPARTMENT. 


Knitters,  under  3 dozen  pairs  per  day  no  allowance. 

Knitters,  3 dozen  pairs  per  day  2 cents  per  dozen. 

Knitters,  4 dozen  pairs  per  day,  2J  cents  per  dozen. 

Knitters,  5 dozen  pairs  per  day,  3 cents  per  dozen. 

Knitters,  7 dozen  pairs  per  day  3i  cents  per  dozen. 

Itibbers,  45  cents  per  hundred  dozen  pairs. 

Loopers  (working  in  sets  of  3 men  to  a machine)  85  cents  per  hundred  dozen  pairs. 

Examiners  $1.00  per  month  allowance. 

Pressing  and  packing  from  $1.00  to  $1.50  per  month  allowance. 

Machinists,  $2.50  per  month  allowance. 


CANING  DEPARTMENT. 

From  6 cents  to  16  cents  per  seat  according  to  the  size  of  a seat. 


WEAVING  DEPARTMENT. 


Jean,  1 cent  per  yard. 

Bed  ticking,  11  cents  per  yard. 

Gingham,  11  cents  per  yard. 

Muslin,  1 cent  per  yard. 

Flannel,  1 cent  per  yard. 

Shirting,  1 cent  per  yard. 

Office  Clerks,  $4.00  per  month  allowance. 

Bertillon  Clerk,  $3.00  per  month  allowance. 

Clerk,  Woodworking  Department,  $1.00  per  month  allowance. 

Office  Runners,  $1.00  per  month  allowance. 

Printers,  $1.00  to  $2.00  per  month  allowance. 

Diet  Kitchen  Cook,  $4.00  per  month  allowance. 

Hospital  Helpers,  $2.00  per  month  allowance. 

Rag  Sewers,  26  cents  per  month  tobacco  or  sundries  allowance. 

Mechanics  and  Laborers,  26  cents  per  month  tobacco  or  sundries  allowance. 
Block  Runners,  26  cents  per  month  tobacco  or  sundries  allowance. 


27 


RECOMMENDATIONS  OF  THE  COMMISSION. 

The  recommendations  of  the  Commission  have  all  been  embodied 
in  bills  and  have  been  printed  in  Part  II  of  this  report.  Stated 
briefly,  these  bills  provide  for  six  things,  as  follows: 

a.  The  employment  under  the  State-Use  System  of  the  inmates 
of  the  Eastern  Penitentiary,  the  Western  Penitentiary  and  the  Penn- 
sylvania Industrial  Reformatory  at  Huntingdon. 

b.  The  administrative  machinery  necessary  for  the  introduction 
of  the  State-Use  System  in  these  three  institutions. 

c.  The  purchase  of  a moderate  sized  farm  to  be  used  in  connec- 
tion with  the  Eastern  Penitentiary. 

d.  An  opportunity  for  the  counties  to  employ  the  inmates  of  the 
jails,  workhouses,  houses  of  correction,  etc.,  in  the  production  of 
goods  for  the  use  of  county  institutions  or  the  inmates  thereof. 

e.  The  creation  of  six  industrial  farms  for  misdemeanants  and 
the  employment  and  compensation  of  the  inmates. 

f.  A modification  of  the  existing  wage  system  in  so  far  as  it  ap- 
plies to  the  Eastern  Penitentiary,  the  Western  Penitentiary  and  the 
Huntingdon  Reformatory. 

These  recommendations,  if  put  into  effect,  would,  the  Commission 
firmly  believes,  do  much  to  insure  proper  treatment  to  all  the  pris- 
oners of  the  State.  No  attempt  has  been  made  by  the  Commission 
to  strike  out  into  untried  fields.  The  bills  are  but  an  effort  to  put 
into  tangible  form  the  experience  and  thought  of  present  day  stu- 
dents and  administrators.  They  leave  untouched  the  many  good 
features  of  the  Pennsylvania  prison  system.  For  example,  the  Com- 
mission has  made  no  recommendations  in  connection  with  the  insti- 
tutions for  juvenile  delinquents.  It  believes  that  these  are  on  the 
whole  doing  excellent  work  and  feels  that  the  present  task  of  the 
State  is  to  afford  to  adult  offenders  something  of  the  same  oppor- 
tunity for  reformation  that  is  now  open  to  juvenile  delinquents. 


(28) 


Fart  II 


(29) 


(30) 


31 


AN  ACT 

Providing  a system  of  employment  and  compensation  for  the  inmates  of 
tiie  Eastern  Penitentiary,  Western  Penitentiary  and  the  Pennsylvania  In- 
dustrial Reformatory  at  Huntingdon,  and  for  such  other  correctional  in- 
stitutions as  shall  be  hereafter  established  by  the  Commonwealth,  and 
making  an  appropriation  therefor. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That 
all  persons  sentenced  to  the  Eastern  or  the  Western  Penitentiary, 
or  to  the  Pennsylvania  Industrial  Reformatory  at  Huntingdon,  or 
to  any  other  correctional  institution  hereafter  established  by  the 
Commonwealth,  who  are  physically  capable  of  such  labor,  shall  be 
employed  at  hard  labor,  for  not  to  exceed  eight  hours  each  day,  other 
than  Sundays  and  public  holidays.  Such  hard  labor  shall  be  for  the 
purpose  of  the  manufacture  and  production  of  supplies  for  said  insti- 
tutions, or  for  the  Commonwealth,  or  for  any  political  division 
thereof,  or  for  any  public  institution  owned  and  managed  and  con- 
trolled by  the  Commonwealth  or  any  political  division  thereof,  or  for 
the  preparation  and  manufacture  of  building  material  for  the  con- 
struction or  repair  of  any  State  institution,  or  in  the  work  of  such 
construction  or  repair,  or  for  the  purpose  of  industrial  training  and 
instruction,  or  partly  for  one  and  partly  for  the  other  of  such  pur- 
poses, or  in  the  manufacture  and  production  of  crushed  stone,  brick, 
tile,  and  culvert  pipe  or  other  material,  suitable  for  draining  roads 
of  the  State,  or  in  the  preparation  of  road  building  and  ballasting 
material. 

Section  2.  The  secretary  of  the  State  Board  of  Public  Charities, 
a member  of  the  board  of  prison  inspectors  of  the  Eastern  Peni- 
tentiary designated  by  such  board,  a member  of  the  board  of  prison 
inspectors  of  the  Western  Penitentiary  designated  by  such  board, 
a member  of  the  board  of  managers  of  the  Pennsylvania  Industrial 
Reformatory  at  Huntingdon  designated  by  such  board,  and  five  citi- 
zens to  be  appointed  by  the  Governor,  by  and  with  the  consent  of 
the  Senate,  one  of  whom  shall  be  known  and  so  designated  by  the 
Governor,  as  the  Business  Agent  of  the  Commission,  shall  consti- 
tute the  Prison  Labor  Commission,  which  commission  shall  perform 
the  duties  herein  specified  with  reference  to  the  regulation  and 
supervision  of  the  labor  of  inmates  of  the  penitentiaries  and  re- 
formatory, and  other  correctional  institutions  hereafter  established 
by  this  Commonwealth,  and  for  the  disposal  of  the  products  of  the 
labor  of  such  inmates.  The  five  citizens  to  be  appointed  by  the 
Governor  shall  be  appointed  as  follows:  One  for  one  year,  one  for 
two  years,  one  for  three  years,  one  for  four  years,  and  one  for  five 


32 


years.  Their  several  successors  shall  each  be  appointed  for  a full 
term  of  live  years,  but  vacancies  occurring  otherwise  than  by  ex- 
piration of  term  shall  be  filled  for  the  unexpired  term  only.  The 
Governor  may  remove  any  of  the  commissioners  for  misconduct,  in- 
competency or  neglect  of  duty,  after  opportunity  shall  be  given  him 
or  them  to  be  heard  upon  written  charges.  Each  member  of  the 
Commission  with  the  exception  of  the  Business  Agent  shall  receive 
an  annual  salary  of  one  thousand  dollars  ($1,000.00)  payable  monthly 
and  shall  also  be  allowed  his  expenses  actually  and  necessarily  in- 
curred in  the  discharge  of  his  duties.  The  Business  Agent  of  the 
Commission  shall  be  a man  skilled  in  the  administration  of  business 
affairs  and  shall  be  the  secretary  of  the  Commission.  He  shall  give 
his  entire  time  to  the  work  of  the  Commission,  paying  special  at- 
tention to  the  development  of  a market  for  prison-made  goods,  and 
to  securing  an  output  that  will  be  satisfactory  as  to  quality  and 
price  to  the  consumer  of  the  product.  He  shall  at  all  times  be  sub- 
ject to  the  orders  of  the  commissioners  and  act  under  their  general 
direction.  He  shall  receive  an  annual  salary  of  seven  thousand  five 
hundred  dollars  ($7,500.00),  payable  monthly,  and  shall  also  be  al- 
lowed his  expenses  actually  and  necessarily  incurred  in  the  discharge 
of  his  duties.  The  Prison  Labor  Commission  is  empowered  to  em- 
ploy such  clerks  or  other  employees  as  are  necessary  for  the  proper 
conduct  of  its  business  at  such  salaries  as  shall  be  determined  by 
the  Commission. 

Section  3.  It  shall  be  the  duty  of  the  Prison  Labor  Commission 
to  classify  the  buildings,  offices  and  institutions  owned  or  managed 
and  controlled  by  the  State,  or  by  the  political  divisions  thereof, 
and  fix  and  determine  the  styles,  patterns,  designs  and  qualities  of 
the  articles  to  be  manufactured  for  such  buildings,  offices,  and  pub- 
lic institutions.  So  far  as  practicable,  all  supplies  used  in  such 
building,  offices  and  public  institutions  shall  be  uniform  for  each 
class.  The  styles,  patterns,  designs  and  qualities  shall  be  such  as 
can  be  manufactured  in  the  reformatory  and  penitentiaries,  and 
other  correctional  institutions  hereafter  established. 

Section  4.  The  Prison  Labor  Commission  shall  assign  in  the 
penitentiaries  and  reformatory  and  other  correctional  institutions 
hereafter  established,  the  industries  to  be  carried  on  therein,  hav- 
ing due  regard  to  the  location  and  convenience  thereof  with  respect 
to  other  institutions  to  be  supplied,  to  the  machinery  therein  and 
the  number  and  character  of  inmates. 

Section  5.  In  November  of  each  year,  the  Prison  Labor  Commis- 
sion shall  issue  to  the  official  or  officials  having  lawful  authority  to 
purchase  such  article  or  articles  a descriptive  list  of  the  styles,  de- 
signs and  qualities  of  said  articles  and  materials;  and  the  requisi- 
tions shall  conform  to  the  said  list. 


33 


Section  G.  Annually  in  December  the  officials  having  lawful  au- 
thority to  purchase  such  article  or  articles  shall  send  to  the  Prison 
Labor  Commission  an  estimate  of  the  quantities  of  the  articles  and 
materials  that  will  be  needed  during  the  ensuing  calendar  year  by 
the  Commonwealth  or  by  the  political  subdivision  or  institutions  for 
whom  they  are  acting.  Said  estimates  shall  observe  the  styles,  de- 
signs and  qualities  named  in  the  descriptive  list.  If  any  special  style 
is  desired  in  considerable  quantity,  the  estimate  shall  contain  a re- 
quest that  the  Prison  Labor  Commission  arrange  for  the  manufac- 
ture of  such  special  articles  as  may  be  needed. 

Section  7.  The  price  of  all  articles  and  materials  supplied  by  the 
prisons  shall  be  fixed  by  the  Prison  Labor  Commission  and  shall  con- 
form as  nearly  as  may  be  to  the  wholesale  market  rates  for  similar 
goods  manufactured  outside  of  the  prisons. 

Section  8.  In  January  of  each  year  the  Prison  Labor  Commission 
shall  send  to  the  Auditor  General,  to  the  controllers,  commissioners, 
auditors  and  treasurers  or  other  proper  officers  of  the  several  coun- 
ties, and  to  the  auditor,  controller  and  treasurer  or  other  proper  of- 
fices of  each  city,  borough,  town  and  township,  a list  of  the  articles 
and  materials  that  can  be  produced  by  the  labor  of  prisoners  for 
the  use  of  public  institutions,  offices  and  departments  of  the  Com- 
monwealth, of  the  counties  and  of  the  cities,  boroughs,  towns  and 
townships.  No  bills  for  any  such  articles  or  materials  purchased 
for  the  use  of  said  institutions,  offices  or  departments,  otherwise  than 
from  the  Prison  Labor  Commission  shall  be  approved,  allowed  or 
paid,  unless  it  is  accompanied  by  a certificate  from  the  Prison  Labor 
Commission,  showing  that  a requisition  therefor  has  been  made  and 
that  it  cannot  supply  the  goods. 

Section  9.  For  the  purchase  of  material,  equipment  and  machin- 
ery used  in  manufacturing  industries,  a special  appropriation  of 
two  hundred  thousand  dollars  ($200,000.00)  shall  be  made  to  the 
Prison  Labor  Commission,  to  be  known  as  the  manufacturing  fund. 
Payment  of  such  moneys  shall  be  on  requisition  of  the  Commission, 
and  on  warrant  of  the  Auditor  General.  Receipts  from  the  sales  of 
manufactured  articles  shall  not  be  turned  into  the  State  Treasury, 
but  shall  be  credited  to  said  fund,  to  be  used  for  the  purchase  of  fur- 
ther materials,  equipments,  machinery  and  supplies  for  such  indus- 
tries, and  the  Business  Agent  shall  make  a full  monthly  report  of 
the  products,  sales,  receipts  and  disbursements  of  said  industries  to 
the  Auditor  General  of  the  Commonwealth. 

Section  10.  The  sum  of  fifty  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  specifically  appropriated  to  the  Prison 


3 


u 


Labor  Commission  for  the  two  fiscal  years  beginning  June  iirst  one 
thousand  nine  hundred  and  fifteen  cor  the  purpose  of  paying  salaries, 
clerk  hire,  traveling  expenses  and  contingent  expenses. 

Section  11.  Hereafter  an  account  shall  be  kept  by  the  proper  of- 
ficers of  the  Western  Penitentiary,  the  Eastern  Penitentiary  and  the 
Pennsylvania  Industrial  Reformatory  at  Huntingdon,  and  the  other 
correctional  institutions  hereafter  established  by  the  Common- 
wealth, of  the  labor  performed  by  all  prisoners  under  sentence  in 
such  institution.  In  such  account  the  prisoner  shall  be  credited 
with  wages  for  the  time  he  is  actually  engaged  in  work,  the  rate  of 
such  wage  and  the  amount  credited  to  each  to  be  regulated  at  the 
discretion  of  the  Prison  Labor  Commission  or  such  persons  as  they 
may  designate.  In  no  case  shall  the  amount  be  less  than  ten  cents 
nor  over  fifty  cents  for  each  day  of  labor  actually  performed.  The 
difference  in  the  rate  of  compensation  shall  be  based  both  upon  the 
pecuniary  value  of  the  work  performed,  and  also  on  the  willingness, 
industry,  and  good  conduct  of  such  prisoner. 

Section  12.  Three-fourths  of  the  amount  credited  to  each  prisoner, 
or  the  entire  amount  if  the  prisoner  so  wishes,  shall  constitute  a 
fund  for  the  relief  of  any  person  or  persons  dependent  upon  such 
prisoner,  and  shall  be  paid,  upon  the  order  of  the  Prison  Labor  Com- 
mission, to  the  person  or  persons  establishing  such  dependency  to 
the  satisfaction  of  said  board,  at  such  time  and  times  as  said  board 
may  order. 

Section  13.  In  case  a prisoner  has  no  person  or  persons  depend- 
ent upon  him,  the  sums  so  credited  shall  be  invested  for  the  benefit 
of  such  prisoner  under  the  rules  and  regulations  of  the  Prison  Labor 
Commission;  and  the  sum  so  credited,  together  with  the  accrued  in- 
terest of  the  same,  shall  be  paid  to  the  said  prisoner  one-third  on  dis- 
charge of  prisoner,  one-third  in  three  months  after  his  discharge  and 
the  balance  in  six  months  after  his  discharge. 

Section  14.  All  wages  paid  under  the  provisions  of  this  act  shall 
be  charged  to  the  manufacturing  fund  provided  for  in  Section  ten  of 
this  act. 

Section  15.  The  Board  of  Commissioners  of  Public  Grounds  and 
Buildings  shall  provide  adequate  officers  and  quarters  for  the  Com- 
mission in  the  State  Capitol  or  elsewhere,  and  shall  on  requisition 
of  the  Commission  furnish  all  such  books,  stationery,  furniture  sup- 
plies, et  cetera  as  may  be  needed  to  conduct  properly  the  affairs  of 
the  Commission. 

Section  16.  The  printing  and  binding  necessary  for  the  proper 
performance  of  the  duties  of  the  Commission  and  for  the  proper 
preservation  of  the  records  of  the  Commission  shall  be  done  by  the 
State  Printer  upon  order  of  the  Superintendent  of  Public  Printing 
and  Binding  upon  requisition  of  the  Commission. 


35 


Section  17.  Any  officer  who  wilfully  refuses  or  neglects  to  comply 
with  any  of  the  provisions  of  this  act  shall  be  guilty  of  a misde- 
meanor and  on  conviction  thereof  shall  be  liable  to  a penalty  of  not 
more  than  five  hundred  dollars  for  each  offense. 

Section  18.  Section  one  of  an  act  approved  the  eighteenth  day  of 
June,  one  thousand  eight  hundred  ninety-seven,  entitled  “An  act 
limiting  the  number  of  inmates  of  State  prisons,  penitentiaries,  State 
reformatories  and  other  penal  institutions  within  the  State  of  Penn- 
sylvania to  be  employed  in  manufacturing  goods  therein,  and  pro- 
hibiting the  use  of  machinery  in  manufacturing  said  goods;”  Sec- 
tion one  of  an  act  approved  the  twenty-eighth  day  of  April,  one  thou- 
sand eight  hundred  ninety-nine,  entitled  “An  act  amending  sections 
one  and  two  of  an  act,  entitled  An  act  limiting  the  number  of  in- 
mates of  State  prisons,  penitentiaries,  State  reformatories  and  other 
penal  institutions  within  the  State  of  Pennsylvania  to  be  employed 
in  manufacturing  goods  therein,  and  prohibiting  the  use  of  machin- 
ery in  manufacturing  said  goods ” and  Section  three  of  an  act  ap- 
proved the  eighteenth  day  of  June,  one  thousand  eight  hundred 
ninety-seven,  entitled  “An  act  limiting  the  number  of  inmates  of 
State  prisons,  penitentiaries,  State  reformatories  and  other  penal 
institutions  within  the  State  of  Pennsylvania  to  be  employed  in  man- 
ufacturing goods  therein,  and  prohibiting  the  use  of  machinery  in 
manufacturing  said  goods,”  are  hereby  specifically  repealed.  Section 
four  of  an  act  approved  the  thirteenth  day  of  June,  one  thousand 
eight  hundred  eighty-three,  entitled  “An  act  to  abolish  the  contract 
system  in  the  prisons  and  reformatory  institutions  of  the  State  of 
Pennsylvania,  and  to  regulate  the  wages  of  the  inmates,”  insofar  as 
it  applies  to  convicts'  under  control  of  State  officers,  and  to  inmates 
of  reformatory  institutions,  is  hereby  repealed.  All  other  acts  or 
special  acts  inconsistent  herewith,  are  hereby  repealed. 


AN  ACT 

Providing  for  the  purchase  of  a tract  of  land  to  be  used  for  the  benefit  of 
the  Eastern  Penitentiary,  regulating  the  operation  of  the  tract,  and  the 
duties  of  the  Secretary  of  Agriculture,  and  the  Commissioner  of  Forestry, 
and  making  an  appropriation. 

PENITENTIARY  FARM. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That 
the  Board  of  Inspectors  of  the  Eastern  Penitentiary  is  authorized 


36 


to  purchase  a tract  of  land  in  Eastern  Pennsylvania,  not  to  exceed 
five  hundred  acres,  and  suitable  for  general  agriculture,  fruit  raising 
and  stock-raising,  with  provision  also  for  brick  making  and  the 
preparation  of  road  and  paving  material.  A tract  shall  be  selected 
which,  as  far  as  practicable,  has  good  railroad,  drainage,  sewerage 
and  water  facilities. 

BUILDINGS. 

Section  2.  Suitable  and  sufficient  buildings  shall  be  erected,  and 
the  work  of  constructing  buildings,  outhouses  and  other  structures 
of  any  nature  shall,  so  far  as  practicable,  be  performed  by  inmates  of 
the  Penitentiary. 

STOCK  AND  POULTRY. 

Section  3.  The  Board  shall  provide  the  tract  with  sufficient  live- 
stock and  poultry  to  aid  in  carrying  out  the  intent  of  this  act. 

CONTRACTS. 

Section  4.  In  carrying  out  the  purposes  of  this  act,  a contract 
for  performance  of  work  or  furnishing  of  material  which  exceeds 
five  hundred  dollars,  shall  be  let  only  after  advertisement  and  com- 
petitive bidding. 

AGRICULTURAL  WORK. 

Section  5.  The  Secretary  of  Agriculture  shall  provide  from  time 
to  time  when  requested  by  the  Board  competent  experts  in  agricul- 
ture, under  whose  supervision  and  counsel  the  tract  of  land  shall 
be  operated.  The  Commissioner  of  Forestry  shall  likewise  on  re- 
quest provide  experts  in  forestry  to  counsel  and  supervise  as  afore- 
said. 

ADDITIONAL  WORK. 

Section  6.  In  addition  to  the  agricultural  work  herein  provided 
for  the  inmates  may  be  employed  at  other  occupations  and  trades. 

OPERATION  OF  TRACT. 

Section  7.  The  tract  of  land  herein  provided  for  shall  be  operated 
in  the  discretion  of  the  Board  for  the  benefit  of  the  Penitentiary, 
and  with  an  aim  to  develop  to  the  highest  degree  the  mental,  moral 
and  physical  qualities  of  the  inmates  of  the  Penitentiary.  So  far 
as  practicable,  the  tract  shall  be  operated  by  the  inmates  of  the 
institution  who  may  be  removed  to  the  tract  in  the  discretion  and 
under  the  regulations  of  the  Board. 

APPROPRIATION. 

Section  8.  To  carry  out  the  purposes  of  this  act,  the  sum  of 
seventy-five  thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
sary, is  hereby  specifically  appropriated.  Payment  of  such  moneys 
shall  be  on  requisition  of  the  Board,  and  on  warrant  of  the  Auditor 
General. 


37 


AN  ACT 

To  amend  an  act,  approved  the  eighteenth  day  of  June,  one  thousand  eight 
hundred  ninety-seven,  entitled  “An  act  limiting  the  number  of  inmates  of 
State  prisons,  penitentiaries,  State  reformatories  and  other  penal  institu- 
tions within  the  State  of  Pennsylvania  to  be  employed  in  manufacturing 
goods  therein,  and  prohibiting  the  use  of  machinery  in  manufacturing  said 
goods,”  as  originally  enacted  and  as  amended  by  an  act  approved  the 
twenty-eighth  day  of  April,  one  thousand  eight  hundred  ninety-nine. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That 
Section  two  of  an  act,  approved  the  eighteenth  day  of  June,  one  thou- 
sand eight  hundred  ninety-seven,  entitled  “An  act  limiting  the  num- 
ber of  inmates  of  State  prisons,  penitentiaries,  State  reformatories 
and  other  penal  institutions  within  the  State  of  Pennsylvania  to  be 
employed  in  manufacturing  goods  therein,  and  prohibiting  the  use  of 
machinery  in  manufacturing  said  goods,”  which  as  amended  by  an  act 
approved  the  twenty-eighth  day  of  April,  one  thousand  eight  hundred 
ninety-nine,  reads  as  follows: 

“That  the  officers  of  the  various  county  prisons,  workhouses 
and  reformatory  institutions  within  the  Commonwealth  of  Penn- 
sylvania shall  not  employ  more  than  five  per  centum  of  the 
whole  number  of  inmates  in  said  institutions  in  the  manufac- 
ture of  brooms  and  brushes  and  hollow  ware,  and  ten  per  centum 
in  the  manufacture  of  any  other  kinds  of  goods,  wares,  articles 
or  other  things  that  are  manufactured  elsewhere  in  the  State, 
except  mats  and  matting,  in  the  manufacture  of  which  twenty 
per  centum  of  the  whole  number  of  inmates  may  be  employed: 
Provided,  This  act  shall  not  apply  to  goods  manufactured  for 
use  of  the  inmates  of  such  institutions,” 

is  hereby  further  amended  to  read  as  follows: 

Section  2.  The  officers  of  the  various  county  prisons,  workhouses 
and  reformatory  institutions  within  the  Commonwealth  of  Penn- 
sylvania shall  not  employ  more  than  five  per  centum  of  the  whole 
number  of  inmates  in  said  institutions  in  the  manufacture  of  brooms 
and  brushes  and  hollow  ware,  and  ten  per  centum  in  the  manufac- 
ture of  any  other  kind  of  goods,  wares,  articles  or  other  things  that 
are  manufactured  elsewhere  in  the  State,  except  mats  and  matting, 
in  the  manufacture  of  which  twenty  per  centum  of  the  whole  number 
of  inmates  may  be  employed:  Provided,  This  act  shall  not  apply  to 
goods  manufactured  for  use  of  the  inmates  of  such  institutions,  or 
for  any  institution , or  the  inmates  of  any  institution  supported 
wholly  or  in  part  hy  the  county  in  which  the  prison,  workhouse  oP 
reformatory  institution  is  located , or  for  the  use  of  the  county  itself. 
Section  2.  Section  three  of  said  act  is  hereby  repealed. 


38 


AN  ACT 

To  provide  for  the  establishment  and  government  of  six  correctional  institu- 
tions to  be  known  as  The  Pennsylvania  State  Farm  of  the  First,  Second, 
Third,  Fourth,  Fifth  and  -Sixth  Districts,  respectively,  providing  for  the 
care  and  confinement  of  prisoners  therein,  and  the  transfer  of  prisoners 
thereto,  and  making  an  appropriation. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That 
there  are  hereby  established  under  the  provisions  of  this  act,  six  cor- 
rectional institutions  for  violators  of  the  law,  to  be  known  as  the 
Pennsylvania  State  Farm  of  the  First  District,  the  Pennsylvania 
State  Farm  of  the  Second  District,  the  Pennsylvania  State  Farm  of 
the  Third  District,  the  Pennsylvania  State  Farm  of  the  Fourth  Dis- 
trict, the  Pennsylvania  State  Farm  of  the  Fifth  District  and  the 
Pennsylvania  State  Farm  of  the  Sixth  District. 

Section  2.  The  first  district  shall  comprise  the  county  of  Phila- 
delphia. 

The  second  district  shall  comprise  the  County  of  Allegheny. 

The  third  district  shall  comprise  the  Counties  of  Berks,  Bucks, 
Chester,  Dauphin,  Delaware,  Lancaster,  Lebanon,  Lehigh,  Montgom- 
ery, Northampton  and  Schuylkill. 

The  fourth  district  shall  comprise  the  Counties  of  Bradford,  Car- 
bon, Columbia,  Lackawanna,  Luzerne,  Lycoming,  Monroe,  Montour, 
Northumberland,  Pike,  Sullivan,  Susquehanna,  Tioga,  Wayne  and 
Wyoming. 

The  fifth  district  shall  comprise  the  counties  of  Adams,  Bedford, 
Blair,  Cambria,  Cameron,  Centre,  Clearfield,  Clinton,  Cumberland, 
Elk,  Franklin,  Fulton,  Huntingdon,  Juniata,  McKean,  Mifflin,  Perry, 
Potter,  Snyder,  Somerset,  Union  and  York. 

The  sixth  district  shall  comprise  the  Counties  of  Armstrong, 
Beaver,  Butler,  Clarion,  Crawford,  Erie,  Fayette,  Forest,  Greene,  In- 
diana, Jefferson,  Lawrence,  Mercer,  Venango,  Warren,  Washington 
and  Westmoreland. 

Section  3.  Upon  the  approval  of  this  act,  a commission  shall  be 
created  which  shall  be  composed  of  five  reputable  citizens  of  the 
Commonwealth  to  be  appointed  by  the  Governor,  not  more  than  three 
of  whom  shall  be  members  of  the  same  political  party,  and  such  com- 
mission is  hereby  authorized  by  a majority  vote,  to  select  suitable 
sites  for  the  State  Farms.  The  commission  shall  serve  without  com- 
pensation, but  all  of  their  expenses  actually  and  necessarily  in- 
curred shall  be  paid.  The  commission  shall  purchase  six  tracts  of 
not  more  than  five  hundred  acres  of  land  in  each  tract,  the  title  to 
which  shall  be  good  and  sufficient  and  approved  by  the  Attorney  Gen- 
eral. and  such  title  shall  be  taken  in  the  name  of  the  Commonwealth 
of  Pennsylvania. 


39 


Section  4.  In  the  selection  of  sites,  the  commission  shall  take  into 
consideration  the  objects  and  purposes  of  the  institutions  and  all 
or  as  many  as  practicable  of  the  following  enumerated  advantages 
and  resources:  the  land  selected  and  purchased  shall  be  of  varied 
topography  with  natural  resources  and  advantages  for  varied  forms 
of  husbandry,  fruit  growing,  and  stock  raising,  for  brick  making  and 
for  the  preparation  of  road  and  paving  material,  and  shall  have  good 
railroad,  drainage,  sewage  and  water  facilities. 

Section  5.  Upon  the  selection  of  locations  and  sites  and  the  pur- 
chase of  land  for  the  State  Farms,  the  Governor  shall  appoint  a 
board  of  trustees  for  each  of  said  institutions,  to  consist  of  five  mem- 
bers, who  shall  be  reputable  citizens  of  Pennsylvania,  not  more  than 
three  of  whom  shall  belong  to  the  same  political  party.  Such  trus- 
tees shall  serve  without  compensation,  but  their  expenses  actually 
and  necessarily  incurred  shall  be  paid.  One  member  of  each  board 
shall  be  appointed  for  one  year,  one  for  two  years,  and  one  for  three 
years,  one  for  four  years  and  one  for  five  years.  Thereafter  all  ap- 
pointments shall  be  for  a term  of  five  years  respectively.  In  case 
of  a vacancy  from  any  cause,  the  appointment  to  fill  such  vacancy 
shall  be  made  by  the  Governor  for  the  unexpired  term.  The  Gov- 
ernor may  remove  any  of  the  trustees  for  misconduct,  in  competency 
or  neglect  of  duty,  after  opportunity  shall  be  given  him  or  them  to 
be  heard  upon  written  charges. 

Section  6.  All  buildings  constructed  in  pursuance  of  this  act  shall 
be  plain  and  inexpensive  in  character  and  the  labor  in  constructing 
such  buildings,  improvements  and  facilities  shall  be  supplied  by  the 
persons  committed  to  the  institution  or  confined  in  the  State  penal 
and  reformatory  institutions  so  far  as  found  practicable. 

The  boards  of  trustees  shall  procure  all  necessary  materials,  erect 
and  equip  such  buildings,  employ  such  skilled  labor  as  cannot  be 
furnished  by  the  prisoners  committed  thereto  or  by  prisoners  in  the 
State  penitentiaries  or  the  Pennsylvania  Industrial  Reformatory  at 
Huntingdon,  and  provide  all  proper  facilities  for  their  use  and  for 
the  practical  use  of  the  institution. 

When  the  board  of  trustees  of  the  State  farms  shall  have  made 
all  preliminary  arrangements  for  the  construction  of  the  buildings 
and  equipment,  they  shall  notify  the  Governor,  who  shall  issue  a 
proclamation  thereon,  and  thereafter  prisoners  having  more  than 
thirty  days  to  serve  may  be  transferred  to  the  State  farm  from  any 
jail  or  workhouse  in  that  district  on  the  order  of  the  Governor. 

Section  7.  The  boards  of  inspectors  of  the  Pennsylvania  State 
Penitentiaries  and  of  the  Pennsylvania  Industrial  Reformatory  at 
Huntingdon  on  reouest  from  a board  of  trustees  of  a State  farm,  are 
authorized  to  transfer  to  a State  farm  from  their  respective  institu- 
tions any  nrisone^s  of  special  or  mechanical  ability  therein  who  may 
be  found  in  the  judgment  of  such  board  and  the  board  of  trustees  of 


40 


the  State  farm  suitable  for  the  purpose,  and  provide  transportation 
and  proper  guards  therefor ; and  while  such  prisoners  rmain  at  State 
farm,  they  shall  be  subject  to  the  orders  of  the  managers  or  inspectors 
of  the  institution  from  which  they  were  transferred  as  to  their  re- 
turn, and  in  all  other  respects  except  as  to  discipline  and  govern- 
ment. While  at  such  State  farm  they  shall  be  under  the  control,  dis- 
cipline and  government  and  subject  to  the  orders  of  the  board  of 
trustees  of  the  State  farm  and  its  executive  officers. 

The  prisoners  transferred  for  the  purpose  of  supplying  labor  as 
aforesaid  from  the  State  Penitentiatries  and  the  Pennsylvania  In- 
dustrial Reformatory  at  Huntingdon,  shall  be  apportioned  as  to 
number  by  agreement  of  the  managers  or  inspectors  of  said  institu- 
tions respectively,  and  in  case  they  cannot  agree  thereon,  the  Gov- 
ernor is  authorized  to  determine  the  number  and  kind  of  mechanics 
or  prisoners  of  special  ability  to  be  transferred  from  each  of  said 
institutions  and  cause  the  same  to  be  so  transferred. 

The  expense  of  transportation  and  transfer  of  the  prisoners  used 
in  the  construction  of  building  and  equipment  to  and  from  the  State 
farms  shall  be  paid  on  bills  rendered  to  the  Auditor  General  out  of 
the  fund  provided  for  the  establishment  of  the  State  farms. 

The  maintenance  of  such  prisoners  as  are  transferred  from  the 
State  Penitentiary  or  Reformatory  shall  be  paid  by  the  institution 
from  which  they  are  transferred;  but  the  cost  of  such  maintenance 
in  excess  of  the  average  per  capita  cost  of  the  prisoners  at  the  in- 
stition  from  which  they  are  transferred  shall  be  refunded  to  the 
said  institution  from  the  fund  appropriated  for  the  state  farm. 

Section  8.  When  any  state  farm  shall  be  equipped  with  buildings 
and  other  facilities  sufficient  in  the  opinion  of  its  board  of  trustees 
to  receive  prisoners,  such  board  of  trustees  shall  notify  the  governor 
and  upon  such  notification  the  governor  shall  by  proclamation  de- 
clare the  state  farm  ready  to  receive  prisoners;  and  thereafter  it 
shall  be  the  duty  of  all  judges  of  courts  of  record  of  that  district  to 
commit  thereto  all  persons  convicted  of  the  violation  of  any  law  of 
this  state,  the  punishment  for  which  now  consists  of  imprisonment 
in  any  county  jail  or  workhouse.  All  such  commitments  shall  be  to 
the  state  farm  of  the  respective  district. 

Section  9.  The  cost  of  transportation  of  persons  committed  to  the 
state  farms  shall  be  paid  by  the  counties  respectively  from  which  the 
prisoner  is  committed  and  the  sheriff  of  the  county  shall  receive  the 
same  mileage  and  fees  for  prisoners  committed  to  the  state  farm  as 
are  now  allowed  by  law  for  transporting  prisoners  committed  to  the 
State  Penitentiaries  and  Reformatory.  When  any  prisoner  is  dis- 
charged from  a state  farm,  the  superintendent  or  warden  thereof 
shall  procure  for  him  a railroad  ticket  to  any  point  to  which  said 
prisoner  may  desire  to  go,  not  farther  from  said  state  farm  than  the 


41 


point  from  which  he  was  sentenced,  and  it  shall  be  the  duty  of  the 
superintendent  or  warden  or  his  duly  authorized  agent,  to  accom- 
pany the  prisoner  to  the  railroad  station,  deliver  the  ticket  to  the 
proper  railroad  conductor  and  formally  release  the  prisoner  on  the 
train  which  he  takes  for  his  destination. 

Section  10.  In  case,  at  any  time  it  shall  be  found  that  a state 
farm  can  accommodate  and  care  for  more  prisoners  than  are  of  the 
class  above  designated,  the  Governor  may  order  to  be  transferred 
to  the  state  farm,  from  the  state  penitentiaries  or  the  Pennsylvania 
Industrial  Reformatory  at  Huntingdon,  or  both,  such  prisoners  as 
he  and  the  boards  of  such  institutions  shall  find  can  be  better  cared 
for  at  the  state  farm.  Such  prisoners  so  transferred  may  be  re- 
turned to  the  institution  from  which  they  were  transferred  when- 
ever the  Governor  and  the  board  of  trustees  of  the  state  farm  shall 
find  such  return  for  the  benefit  of  the  prisoners  of  the  institution. 

^Section  11.  It  shall  be  the  purpose  of  the  state  farm  to  employ 
the  prisoners  committed  or  transferred  thereto,  in  work  on  or 
about  the  buildings  and  farm  and  in  growing  produce  and  supplies 
for  its  own  use  and  for  the  other  institutions  of  the  state;  in  pre- 
paration of  road  material;  and  in  making  brick,  tile,  paving  material 
and  such  other  products  or  material  as  may  be  found  practicable 
for  the  use  of  the  stale  or  any  political  subdivision  therein  and  for 
the  proper  and  healthful  employment  of  such  prisoners. 

Section  12.  For  the  purchase  of  the  land  contemplated  in  this 
act,  there  is  hereby  appropriated  for  the  use  of  the  commission  and 
boards  of  trustees  created  by  this  act,  the  sum  of  two  hundred  thou- 
sand dollars  ($200, 000.00),  or  so  much  thereof  as  may  be  necessary, 
twenty  thousand  dollars  ($20,000.00)  of  which  shall  be  made  avail- 
able June  first,  one  thousand  nine  hundred  fifteen,  for  the  taking  of 
options,  and  the  balance  January  first,  one  thousand  nine  hundred 
sixteen.  For  the  erection  of  buildings  and  other  construction  and 
development  contemplated  by  this  act  and  the  running  expenses  of 
the  commission  and  the  boards  and  the  salaries  and  expenses  of 
executive  officers  of  the  institution  and  the  expense  incident  to  the 
transfer  of  prisoners  to  the  institution,  the  sum  of  eighty  thousand 
dollars  ( $80,000.00)  or  so  much  thereof  as  may  be  necessary  is  hereby 
appropriated  to  be  available  June  first,  one  thousand  nine  hundred 
fifteen.  Any  part  of  the  appropriation  for  the  purchase  of  land 
which  shall  not  be  needed  therefor  shall  be  placed  in  the  fund  for 
the  erection  of  buildings  and  other  construction  and  development. 
Payment  of  such  moneys  shall  be  on  requisition  of  the  commission, 
and  on  warrant  of  the  auditor  general. 

Section  13.  The  six  boards  of  trustees  acting  as  a body  shall  adopt 
and  may  amend  or  revoke  or  add  to  at  any  time  rules  governing  the 
stale  farms.  Such  rules  shall  be  subject  to  the  approval  of  the  Gov- 


42 


ernor  and  shall  not  be  inconsistent  with  the  constitution  or  laws  of 
the  Commonwealth  or  of  the  United  States. 

Section  14.  Each  board  of  trustees  shall  appoint  a superintendent 
of  the  farm  and  such  other  employes  as  the  board  may  deem  proper, 
all  of  whom  shall  be  bona  fide  citizens  of  Pennsylvania.  The  com- 
pensation and  duties  of  the  superintendent  and  employes  shall  be 
fixed  by  the  board. 


THE  ORGANIZATION  OF  THE  STATE-USE  SYSTEM. 

Definition:  The  State-Use  System  of  employing  prisoners  can  be 
briefly  defined  as  that  system  under  which  the  State  itself,  through 
its  own  agencies,  undertakes  the  work  of  production  and  then,  in 
its  capacity  as  a consumer,  uses  all  the  goods  which  it  has  thus 
created.  It  differs  from  the  State-Account  System  only  in  the  fact 
that  the  goods  are  not  sold  on  the  open  market  but  are  taken  direct 
by  the  state  or  its  political  divisions,  usually  at  current  prices.  To 
the  extent  that  it  can  in  this  way  satisfy  its  own  wants,  the  state 
binds  itself  not  to  purchase  elsewhere. 

Variations  of  the  State-Use  System  in  Practice:  It  can  be  easily 
seen  that  wide  variations  might  be  possible  in  the  extent  to  which  a 
state  might  adopt  this  system.  As  a matter  of  fact,  such  is  actually 
the  case.  In  the  paragraphs  which  follow,  the  most  important  cases 
are  cited  for  the  reason  that  they  offer  a partial  explanation  of  the 
diversity  in  organization  which  is  found  in  the  states  having  this  sys- 
tem of  employing  prisoners. 

Probably  the  simplest  situation  is  where  part  of  the  inmates  of 
an  institution  are  employed  in  growing  vegetable  or  in  making 
clothing  for  themselves  or  in  repairing  or  constructing  buildings 
forming  a part  of  the  institution  in  which  they  are  confined.  No 
goods  are  sold  to  other  institutions ; everything  is  used  on  the  spot. 
The  inmates  who  are  not  employed  in  this  way  may  form  by  far  the 
larger  per  cent  of  the  total  number  and  may  conceivably  be  worked 
under  any  of  the  other  systems. 

A system  somewhat  more  developed  is  seen  in  the  case  of  a prison 
or  reformatory  which  furnishes  some  one  or  two  products,  as  coal 
or  coke,  to  various  state  institutions.  Although  under  the  State- 
Use  System,  the  state  is  always  in  the  broad  sense  both  producer  and 
consumer,  yet  in  the  situation  which  is  here  depicted,  in  the  narrow 
sense  at  least,  unlike  the  provious  case  there  is  a differentiation  of 
producer  and  consumer.  Outside  tastes  have  now  to  be  consulted, 
and  the  producing  institution  enters  the  market,  but  with  cus- 
tomers guaranteed  to  it  by  thp  state. 

The  next  and  last  stage  in  the  evolution  of  the  State-Use  System, 
in  so  far  as  it  has  yet  been  developed,  is  reached  when  a great 


43 


variety  of  goods  are  produced  and  distributed  throughout  the  state 
to  the  institutions  which  can  use  them.  This  situation  does  not 
differ  from  the  one  outlined  in  the  preceding  paragraph  except  in 
the  greater  number  of  goods  that  are  produced.  While  the  difference 
is  only  one  of  degree,  the  problem  of  administration  is  more  complex 
since  the  quality  and  style  of  the  goods  needed  is  not  so  easily  de- 
termined or  the  goods  so  easily  produced. 

A single  institution  has  been  assumed  in  all  that  has  yet  been 
said.  This  assumption  is  justified  for  two  reasons.  In  the  first 
place,  it  corresponds  to  the  facts  in  some  states;  and  in  the  second 
place,  the  evolution  of  the  system  can  be  best  explained  in  this  way. 
It  is,  of  course,  true  that  in  some  states,  the  prisoners  of  two  or 
more  institutions  are  employed  under  the  State-Use  System;  and 
while  this  involves,  in  some  cases,  additional  machinery  of  organ- 
ization, such  a situation  can  not  logically  be  looked  upon  as  a fourth 
stage  in  the  development  of  the  State-Use  System.  It  constitutes 
merely  a variation  of  any  one  of  three  stages  already  described. 

Management  of  Institutions:  There  is  no  one  form  of  management 
of  the  institutions  for  delinquents  in  the  United  States.  The  prac- 
tice varies  greatly  from  state  to  state,  and  a detailed  study  of  the 
whole  question  would  undoubtedly  show  great  differences  along 
many  lines.  For  the  purpose,  however,  of  this  chapter,  all  minor 
differences  may  be  omitted  and  attention  focused  on  the  two  main 
forms  of  prison  management — centralized  and  decentralized.  In 
some  states  each  institution  has  its  own  board  of  managers  or  trus- 
tees, while  in  others  all  are  under  one  board.  There  are,  moreover, 
two  forms  of  centralized  management.  The  central  board  may  have 
control  merely  of  the  prisons  or  it  may  also  manage  other  state  insti- 
tutions as  hospitals,  asylums,  etc.  Each  form  of  management  has, 
as  will  be  presently  shown,  its  influence  on  the  organization  of  the 
State-Use  System. 

Essential  Features  of  the  State-Use  System:  The  problem  of  or- 
ganization has  to  do  largely  with  two  things.  Into  whose  hands  is  to 
be  entrusted  the  production  and  sale  of  the  goods;  and  who  is  to  de- 
cide the  styles  and  designs?  Ordinarily  these  two  functions  are  left 
in  the  same  hands.  The  free  manufacturer  who  produces  for  the  mar- 
ket also  decides  on  the  styles  and  designs;  but  it  must  be  remembered 
that  the  prisons  are  not  producing  for  the  market  but  for  customers 
who  must  buy.  Hence  it  is  but  reasonable  for  those  who  must  buy  to 
have  a hand  in  determining  the  kind  of  goods  which  they  must  pur- 
chase. The  result  is  that,  in  justice  to  all,  either  the  group  that  de- 
cides on  the  styles  and  designs  ought  to  be  different  from  the  group 
that  controls  the  production  and  sale,  which  would  naturally  be  made 
up  of  prison  representatives,  or  if  one  body  exercises  both  function^ 
it  should  be  composed  of  representatives  of  both  the  producing  and 
consuming  institutions. 


44 


Effect  of  Number  of  Institutions  and  Form  of  Management  on 
Organization  of  State-Use  System:  It  is  clear  from  what  has  already 
been  said  that  the  organization  of  the  State-Use  System  would  be 
little  affected  in  the  first  stage  of  its  development  by  either  the 
number  of  prisons  or  the  form  of  management.  Since  in  the  first 
stage,  the  same  institution  consumes  the  goods  that  produces  them, 
under  either  form  of  management,  whether  one  institution  or  sev- 
eral, the  board  in  control  of  production  would  be  ipso  facto  repre- 
sentative of  the  consuming  interests. 

In  the  second  stage  of  development,  the  situation  is  not  so  simple. 
Both  the  number  of  producing  institutions  and  the  form  of  manage- 
ment is  of  consequence.  Inasmuch  as  the  second  stage  differs  only 
from  the  third  stage  in  the  variety  of  goods  that  are  produced, 
What  follows  applies  equally  to  both  the  second  and  the  third  stages, 
although  it  is  easy  to  understand  that  there  is  not  so  great  a neces- 
sity of  consulting  the  tastes  of  the  consumers,  if  there  is  but  one 
commodity  supplied  and  that  a staple  one  as  coal  or  coke. 

The  combinations  of  management  and  number  which  might  result 
are  five: — 

1.  One  prison  under  its  own  board. 

2.  One  prison  under  a board  also  controlling  other  State  insti- 

tutions. 

3.  Two  or  more  prisons,  each  under  its  own  board. 

4.  Two  or  more  prisons  under  one  board  also  controlling  other 
state  institutions. 

5.  Two  or  more  prisons  under  one  board. 

As  will  be  presently  shown,  combinations  No.  1 and  No.  5 and 
combinations  No.  2 and  No.  4 are,  from  the  point  of  view  of  the  or- 
ganization of  the  State-Use  System,  practically  the  same. 

Keeping  in  mind  the  essential  features  of  the  State-Use  System 
and  the  fact  that  the  present  discussion  relates  only  to  the  second 

and  third  stages  of  its  evolution,  it  is  clearly  apparent  that  the 

only  additional  machinery  that  is  needed  for  the  organization,  of 
the  system,  in  a state  represented  by  combination  No.  1 is  some 
board  or  group  of  officials  to  represent  the  consuming  interest.  If, 
as  has  been  pointed  out,  but  a single  commodity  is  offered  for  sale, 
the  consumers  may  need  no  such  body  to  represent  them.  The  pro- 
duction and  sale  can  be  carried  on  by  a board  of  management  and 
the  consuming  institutions  can  trust  to  it  to  supply  a standard 
article. 

If,  as  in  combination  No.  2,  the  prison  is  managed  by  a board 
controlling  other  state  institutions,  no  additional  machinery  is 
needed  at  all,  for,  since  the  board  represents  both  the  consuming  in- 
stitutions and  the  producing  one,  to  it  may  be  safely  entrusted  the 
production  of  goods  and  the  determining  of  styles  and  designs. 


45 


Tlie  situation  in  a state  like  Pennsylvania,  portrayed  by  combina- 
tion No.  3,  calls  for  the  greatest  additions  to  the  existing  machinery. 
Not  only  is  it  necessary  to  create  a group  representing  the  consum- 
ing interests  which  will  determine  styles  and  designs,  but  there  is 
also  necessary  a board  of  some  sort  that  will  apportion  the  indus- 
tries among  the  various  prisons  and  act  as  the  selling  agent  of 
them  all.  One  board  can  be  made  to  serve,  providing  it  is  made  up 
of  representatives  of  both  the  interested  parties. 

Combination  No.  4 differs  in  no  wise  from  combination  No.  2 with 
the  exception  that  there  are  two  or  more  producing  institutions 
instead  of  one.  This  fact,  however,  does  not  alter  the  situation  as 
the  controlling  board  can  distribute  the  industries  among  the  prisons 
and  direct  the  production  in  them  as  well  as  it  could  in  the  case  of 
one  institution. 

Likewise,  combination  No.  5 is  the  same  as  No.  1 in  its  effect  on 
the  organization  of  the  State-Use  System.  What  is  needed  here  is 
the  creation  of  some  board  to  look  after  the  interests  of  the  consum- 
ing institutions  by  determining  the  styles  and  designs  of  the  goods. 

Summary:  No  attempt  has  been  made  in  this  discussion  of  the 
State-Use  System  to  do  more  than  account  for  the  main  differences 
of  organization.  In  general,  it  will  be  found  that  the  existing  or- 
ganization of  the  State-Use  System  can  be  accounted  for  by  refer- 
ence either  to  one  or  all  of  the  following  facts — the  stage  of  its  de- 
velopment, the  number  of  producing  institutions  or  their  form  of 
management.  In  the  table  which  is  attached,  all  of  the  states  in 
which  provisions  by  law  is  made  for  the  State-Use  System  have  been 
tabulated  in  such  a way  that  the  main  features  of  the  organization 
of  the  State-Use  System  can  be  seen  at  a glance.  Attention  is  called 
to  a few  of  the  most  prominent  examples  of  the  State-Use  System, 
which  illustrate  types  of  organization. 

In  Massachusetts,  the  prisons,  with  the  exception  of  the  state 
farm,  are  all  under  one  management.  This  board,  however,  does  not 
control  the  other  state  institutions;  consequently  the  styles  and 
designs  are  determined  by  another  board  directly  representative  of 
the  consumers. 

The  Ohio  Board  of  Administration  control  both  the  prisons  and 
the  other  state  institutions.  As  both  interests  are  thus  represented 
in  the  same  board,  the  production  of  the  goods  and  the  determina- 
tion of  the  styles  are  left  to  it. 

The  prisons  of  New  Jersey  are  under  separate  boards,  as  in  Penn- 
sylvania; as  a result  a new  board  was  created  composed  of  repre- 
sentatives of  the  two  interests  involved. 

The  Kansas  state  penitentiary  supplies  coal  to  other  institutions. 
There  is  no  board  to  look  after  the  interests  of  the  consumer,  nor  is 
there  any  need  for  one  since  the  commodity  furnished  is  a staple  one. 


46 


ORGANIZATION  OF  THE 


State. 

State  Penal  and  Cor- 
rectional Institutions 
for  Adults. 

Is  State-Use  System 
in  Force? 

Management  of  Insti- 
tutions. 

Arkansas  State  Peni- 
tentiary. 

Yes. 

The  management  is 
vested  in  a board  of 
three  commissioners 
appointed  by  the 
governor. 

Folsom  State  Prison. 
San  Quentin  State 
Prison. 

In  part. 

In  part. 

Under  the  control  of  a 
State  Board  of  Prison 
Directors. 

State  Penitentiary. 
State  Reformatory. 

Legal  provision  though 
not  in  force  in  either 
institution. 

Both  institutions  under 
one  board  of  prison 
commissioners. 

State  farm. 

Legal  provision  though 
not  in  force. 

Under  control  of  prison 
commissioners  elected 
by  the  people. 

State  Penitentiary. 
Southern  Illinois  Peni- 
tentiary. 

Illinois  State  Reforma- 
tory. 

In  part. 

In  part. 

In  part. 

Each  institution  has  its 
own  board  of  man- 
agers. 

Indiana,  

State  Prison  (males.) 
Woman’s  Prison. 
Reformatory. 

In  part. 

Yes. 

In  part. 

Each  institution  has  its 
own  board  of  man- 
agers. 

TCnnsns  

State  Penitentiary. 

In  part. 

Under  control  of  Board 
of  Directors. 

Mflssnchnsptts  

State  Prison. 

Massachusetts  Reform- 
atory. 

Reformatory  for  Wo- 
men. 

Prison  Camp  and  Hos- 
pital. 

State  Farm. 

In  part. 

In  part. 

In  part. 

In  part. 

The  management  of  the 
State  Prison,  the 
Massachusetts  Re- 

formatory, the  Re- 
formatory for  Wo- 
men, and  the  Prison 
camp  and  hospital  is 
in  the  hands  of  the 
Prison  Commissioners. 
The  State  Farm  is 
managed  by  a Board 
of  Trustees  under  the 
direction  of  the  State 
Board  of  Charity. 

Michigan,  

State  Prison. 

State  Prison  (branch.) 
Reformatory. 

House  of  Correction. 

Legal  provision  though 
not  in  force. 

Each  institution  has  its 
own  board  of  control. 

Mississippi  

State  Penitentiary. 

In  part. 

Under  board  of  trus- 
tees. 

STATE— USE  SYSTEM. 


Production  and  Sale. 

Classification  of  Goods. 

The  board  of  commissioners  has  entire  control. 

Placed  in  the  hands  of  the  board  of  commis- 
sioners. 

Industries  are  to  be  set  up  by  the  Board  of 
Prison  Directors;  but  the  State  Board  of  Ex- 
aminers establish  the  rules  and  regulations 
under  which  the  sale,  purchase  and  delivery  of 
articles,  materials  and  supplies  may  be  made. 

Placed  in  the  hands  of  Board  of  Prison  Direct- 
ors in  conjunction  with  the  State  Board  of 
Examiners,  and  subject  to  the  approval  of  thy 
governor. 

The  State  Commission  of  Prison  Labor  is  given 
power  over  the  industries.  It  is  composed  of 
the  Board  of  Commissioners  of  the  State  Peni- 
tentiary, the  wardens  of  the  state  penitentiary 
and  the  state  reformatory,  the  secretary  of 
the  State  Board  of  Charities  and  Corrections, 
and  the  Governor  of  the  State. 

The  work  of  classification  is  placed  in  the 
hands  of  the  State  Commission  on  Prison 
Labor. 

Placed  in  hands  of  Prison  Commission. 

Left  to  Prison  Commission. 

The  Board  of  Prison  Industries  plans  the  scheme 
of  prison  industries,  and  the  individual  boards 
in  control  of  the  institutions  puts  it  into  effect. 
This  board  is  composed  of  the  commissioners 
of  each  penitentiary  and  the  managers  of  the 
reformatory.  It  assigns  the  industries  and  dis- 
poses of  old  machinery,  et  cetera. 

There  is  a Board  of  Classification  composed  of 
the  president  of  the  Board  of  Prison  Industries, 
the  president  of  the  State  Board  of  Charities 
and  the  Auditor  of  Public  Accounts. 

(Apply  only  to  reformatory.; 

The  board  of  trustees  of  the  reformatory  has 
entire  charge  of  the  industries. 

(Applies  only  to  reformatory.) 

There  is  a Board  of  Classification  composed  of 
the  superintendent  and  the  president  of  the 
board  of  trustees  and  the  superintendent  or 
head  officers  of  two  other  state  institutions 
designated  annually  by  the  governor. 

In  hands  of  the  warden. 

As  coal  is  the  only  object  sold,  no  classification 
is  needed. 

The  duty  of  causing  the  articles  to  be  manu- 
factured is  placed  on  the  Prison  Commissioners. 
They  also  issue  the  catalogue  of  goods. 

This  work  is  under  the  directions  of  a group 
composed  ofthe  superintendents  of  institutions 
for  the  insane,  the  superintendents  of  other 
charitable  institutions,  and  officers  in  charge  of 
penal  and  reformatory  institutions.  After  hav- 
ing come  to  a decision  as  respects  styles,  de- 
signs, etc.,  they  notify  the  prison  commis- 
sioners. By  request  of  the  commissioners, 
the  state  board  of  charity  may  establish  the 
style,  design,  etc.  of  goods  for  use  in  town 
institutions. 

The  Joint  Penology  Commission  is  given  power 
over  the  industries.  It  is  composed  of  the 
governor  of  the  state,  the  members  of  the 
boards  of  control,  the  wardens  and  the  mem- 
bers of  the  advisory  board  in  the  matter  of 
pardons. 

The  Joint  Penology  Commission  has  charge. 

Placed  in  the  hands  of  board  of  trustees. 

Farm  products  sold  only  to  state  insane  asylums, 
classification  not  necessary. 

48 


ORGANIZATION  OF  THE 


State. 

State  Penal  and  Cor- 
rectional Institutions 
for  Adults. 

Is  State-Use  System 
in  Force? 

Management  of  Insti- 
tutions. 

11 

Missouri 

State  Penitentiary. 

Legal  provision  though 
not  in  force. 

Under  control  of  three 
state  officials  who  ex- 
officio  constitute  a 
Board  of  Inspectors. 

12 

Nebraska,  

State  Penitentiary. 

In  part. 

Under  control  of  Board 
of  Commissioners  of 
State  Institutions. 

13 

New  Jersey,  

New  Jersey  State 
Prison. 

State  Reformatory  for 
Men. 

State  Reformatory  for 
Women. 

In  part. 

Yes. 

Yes. 

These  institutions  are 
under  separate  Boards 
of  Managers. 

14 

New  York,  

Auburn  Prison. 

Clinton  Prison. 

Sing  Sing  Prison. 

State  Prison  for  Wo- 
men. 

Eastern  New  York  Re- 
formatory. 

New  York  Reformatory 
for  Women. 

Western  House  of  Re- 
fuge for  Women. 

New  York  State  Re- 
formatory. 

Yes,  in  all  the  insti- 
tutions. 

The  management  of  the 
prisons  is  vested  in 
the  superintendent  of 
State  Prisons.  The 
management  of  State 
reformatories  is  in 
the  hands  of  a State 
Board  of  Managers. 
There  is  a State 
Prison  Commission 

that  has  general 

powers  of  visitation 
and  inspection  of  state 
prisons  used  for  the 
detention  of  the  sane 
adults. 

15 

Ohio 

Ohio  Penitentiary. 

Ohio  State  Reforma- 
tory. 

In  part. 

Yes. 

Under  control  of  Ohio 
Board  of  Administra- 
tion which  also  man- 
ages other  state  insti- 
tutions. 

16 

Oklahoma,  

State  Penitentiary. 

Legal  provision  though 
not  in  force. 

Under  management  of 
Board  of  Prison  Con- 
trol. 

17 

Tenessee,  

State  Penitentiary. 

In  part. 

Under  control  of  Board 
of  Prison  Commis- 
sioners. 

18 

Utah,  

State  Prison. 

In  part. 

Under  management  of 
Board  of  Corrections. 

19 

West  Virginia 

State  Penitentiary. 

Legal  provision  though 
not  in  force. 

Managed  by  Board  of 
Directors. 

20 

Wisconsin,  

State  Prison. 

State  Reformatory. 

No. 

In  part. 

1 

Both  under  management 
of  State  Board  of 
Control. 

49 


STATE — USE  SYSTEM — Continued. 


Production  and  Sale. 

Classification  of  Goods. 

Left  entirely  to  the  warden. 

Left  entirely  to  the  warden. 

Placed  in  hands  of  warden  acting  under  the 
direction  of  Board  of  Prison  Commissioners. 

Left  to  warden  and  the  board. 

The  Prison  Labor  Commission  is  charged  with 
the  duty  of  developing  and  administering  the 
State-Use  System  for  the  employment  of  pris- 
oners. The  Commission  is  composed  of  the 
Commission  of  Charities  and  Correction,  a 
member  of  the  board  of  prison  inspectors,  a 
member  of  the  Commission  governing  the  State 
reformatory  and  three  citizens  appointed  by 
the  governor.  The  members  serve  without  com- 
pensation, but  are  paid  actual  expenses.  It 
assigns  industries  and  can  compel  the  pur- 
chase of  goods.  Can  sell  surplus  on  the  mar- 
ket. 

This  work  carried  on  by  Prison  Labor  Commis- 
sion. 

The  Superintendent  of  State  Prisons  distributes 
among  the  institutions  under  his  charge  the 
industries  assigned  by  the  State  Prison  Com- 
mission to  the  institutions.  Individual  super- 
intendents are  required  to  start  the  indus- 
tries but  the  goods  must  conform  to  the  styles 
and  designs  determined  upon  by  the  Board  of 
Classification.  A catalogue  of  goods  is  is- 
sued by  the  Superintendents  of  State  Prisons. 
The  State  Board  of  Managers  of  the  reforma- 
tories performs  this  task  for  the  institutions 
in  its  charge. 

There  is  a Board  of  Classification  composed  of 
the  fiscal  supervisor  of  state  charities,  the 
state  commission  of  prisons,  the  superintendent 
of  state  prisons,  and  the  lunacy  commission. 

Vested  in  Ohio  Board  of  Administration. 

Placed  in  hands  of  Board  of  Administration. 

Pladed  in  hands  of  warden  acting  under  direc- 
tion of  Prison  Control. 

Coal  is  the  only  object  sold,  no  classification 
needed. 

Managed  by  Board  of  Prison  Commissioners. 

Coal  and  coke  are  the  only  products  used,  and 
Board  has  entire  charge. 

Entirely  in  hands  of  Board  of  Corrections. 

Left  to  Board  of  Corrections. 

Warden  under  direction  of  Board  of  Directors. 

Warden  and  Board  have  entire  control. 

All  power  in  hands  of  State  Board  of  Control. 

State  Board  of  Control  given  full  power. 

4 


(50) 


Prison  Labor  Legislation  in  Pennsylvania  1676-1914, 


I.  INTRODUCTION. 

A.  Purpose. 

B.  Evolution  in  Type  of  Institution  and  Corresponding  In- 
fluence on  Prison  Labor. 

II.  PERIOD  OF  UNRESTRICTED  PRISON  LABOR. 

1676-1883. 


III. 


PERIOD  OF  RESTRICTED  PRISON  LABOR. 
1883-1914. 


) . 


1 


(62) 


PRISON  LABOR  LEGISLATION  IN  PENNSYLVANIA. 


I.  INTRODUCTION. 

A.  Purpose:  The  aim  of  this  resume  is  to  represent  the  results 
of  an  investigation  of  legislation  in  Pennsylvania  relating  to  prison 
labor.  There  is  not  included  any  survey  of  the  conditions  induced, 
or  affected  by  the  laws,  except  as  those  conditions  may  be  reflected 
in  the  statutes  themselves. 

The  study  of  the  enactments  regarding  prison  labor  was  made 
with  special  attention  to  the  following  subjects:  (1)  Management 
(who  may  be  employed,  where,  by  whom  directed) ; (2)  Kind  of 
work;  (3)  Financing  (purchase  of  raw  materials,  disposition  of  pro- 
ducts) ; (4)  Application  of  profits. 

B.  Evolution  in  Type  of  Institution  and  Corresponding  Influence 
on  Prison  Labor:  In  order  to  appreciate  the  purpose  and  effect  of 
legislation  dealing  with  prison  labor  one  should  first  have  a gen- 
eral conception  of  the  kind  of  institutions  existing  at  the  time,  as 
a marked  influence  was  exerted  on  prison  labor  by  the  changing 
nature  of  the  institutions. 

In  the  evolution  of  the  penal  institution  in  Pennsylvania!,  there 
have  been  three  eras,  distinguished  by  the  type  of  institution,  (a) 
1676-1818.  Gaols  or  local  prisons  were  the  only  institutions  existing 
during  this  time.  The  buildings  were  generally  small  and  intended 
principally  for  confinement  (b)  1818-1871.  The  Penitentiary  was 
preeminent  throughout  this  period.  Both  of  the  state  penitentiaries 
were  established  at  the  beginning  of  the  period  on  the  principle  of 
separate  and  solitary  confinement,  which  has  since  become  known  as 
the  “Philadelphia  System.”  The  buildings  were  constructed  so  as 
to  provide  for  every  inmate  a separate  cell  to  which  adjoined  an  in- 
dividual, walled  yard.  With  solitary  confinement  rigidly  enforced, 
the  method  and  kind  of  labor  was  practically  determined  within 
narrow  confines  by  that  principle  alone.  Power  machinery,  such  as 
was  in  use  at  that  time  in  general  industry,  was  practically  impos- 
sible under  such  conditions.  The  factory  system  was  thereby  ex- 
cluded. 

In  1831  a prison  for  Philadelphia  was  established  on  the  same 
general  principle  of  separate  and  solitary  confinement  as  had  been 
adopted  for  the  penitentiaries. 

Prior  to  this  the  creation  of  the  House  of  Refuge  of  Philadelphia 
in  1826  showed  a purpose  to  segregate  different  classes  of  delin- 
quents. 

(c)  1871-1915.  Reformatory  institutions  were  provided  for  in  this 

era.  As  will  be  shown  later,  the  House  of  Correction  of  Philadelphia, 


54 


(1871),  the  Huntingdon  Reformatory  (1881),  the  county  workhouses 
(1895),  the  new  Western  Penitentiary  (1911),  and  the  State  In- 
dustrial Home  for  Women  (1913),  because  of  the  way  they  are 
planned,  permit  in  the  absence  of  special  limitations,  a wide  di- 
versity of  industries.' 


II.  PERIOD  OF  UNRESTRICTED  PRISON  LABOR. 

1676-1883.  In  speaking  of  this  period  as  one  in  which  there  were 
no  positive  enactments  restricting  labor,  it  must,  be  borne  in  mind, 
as  has  been  indicated  in  the  first  division  of  this  article,  that  the 
nature  of  the  institution  itself  might  have  the  same  effect  as  a posi- 
tive restriction. 

The  Duke  of  York’s  Laws,1  as  first  published,  provided  for  "a  pair 
of  stockes  for  offenders”  in  every  town,  and  prisons  and  pillorys  in 
those  towns  where  the  several  courts  of  sessions  were  held.  These 
laws  were  in  force  in  the  territory  afterwards  comprised  within  the 
limits  of  Pennsylvania  from  1676  to  1682. 

In  the  “laws  agreed  upon  in  England”2  there  was  a provision  that 
all  prisons  should  be  workhouses.  This  became  operative  in  Penn- 
sylvania in  1682.  And  the  Great  Laws3  provided  that  when  the 
penalty  of  an  offence  was  a fine  or  imprisonment  at  hard  labor,  the 
magistrate  might  inflict  either,  at  his  option.  An  Assembly  held  in 
Philadelphia  in  1683  made  it  incumbent  on  every  county  to  build  “a 
sufficient  house,  at  least  twenty  foot  square,  for  restraint,  correction, 
labor  and  punishment  of  all  such  persons  as  shall  be  thereunto  com- 
mitted by  law.”4 

Although  there  were  these  early  authorizations  for  the  establish- 
ment of  labor  in  the  prisons,  the  laws  made  no  provision  for  any 
system  whatsoever,  nor  did  they  even  intimate  under  what  condi- 
tions or  plans  the  offenders  were  to  be  employed. 

(1)  Laws — Established  by  the  Authority  of  his  Majesties  Letters  patents 
granted  to  his  Royal  Highness  James  Duke  of  Yorke  and  Albany;  Bear- 
ing Date  of  the  12th  Day  of  March  in  the  Sixteenth  year  of  the  Raigne 
of  our  Soveraigne  Lord  Kinge  Charles  the  Second. 

Hemsted  upon  Longe  Island. 

(2)  Penna. — Colonial  and  Provincial  Laws  (1676-1700)  p.  100.  Also  Chap. 
33  of  the  Petition  of  Right  to  Benjamin  Fletcher,  Captain  General  and 
Governour-in-ehief  in  and  over  the  Province  of  Pennsylvania  and  County 
of  New  Castle,  etc.  June  1,  1693. 

(3)  The  Great  Law  or  the  Body  of  Laws  of  the  Province  of  Pennsylvania 
and  territories  thereunto  belonging,  Past  at  an  Assembly  held  at  Ches- 
ter. alias,  Upland,  the  7th  day  of  the  10th  Month  called  December, 
1682.  See  Pa. — Colonial  and  Provincial  Laws  (1676-1700)  p.  121.  Also 
found  in  Chap.  34  of  the  Petition  of  Right  to  Governor  Fletcher  p.  202 
of  the  same  book. 

(4)  1st  M°  March  1683. 

Abrogated  by  William  and  Mary,  in  the  year  1693.  Re-enacted  the  same 
year. 

Also  found  in  Chap.  53  of  the  Petition  of  Right  to  Governour  Fletcher. 
See  Penna.-Colonial  and  Provincial  Laws. 

(1676-1700)  p.  139. 


55 


In  1790  there  was  passed  “an  act  to  reform  the  penal  laws.5a  This 
act  was,  in  comparison  with  previous  laws,  very  well  considered  and 
comprehensive.  Some  of  its  provisions  are  in  force  today.  This  law 
changed  the  punishment  of  certain  crimes  to  forfeiture  of  property 
and  the  “addition  of  unremitted  solitude  to  laborious  employment.”511 

The  Commissioners  of  the  County  of  Philadelphia  were  to  cause 
to  be  erected  cells  in  the  yard  of  the  county  gaol  in  which  were  to 
be  confined  “the  most  hardened  and  atrocious  offenders50  who  had 
been  sentenced  to  hard  labor.  The  “residue  of  the  gaol”  was  to  be 
used  for  confining  the  female  convicts  and  all  others  that  could  not 
be  accommodated  in  the  cells  in  the  yard.  All  the  inmates  were  re- 
quired to  be  kept  separate  and  apart  from  each  other  as  much  as 
the  convenience5*1  of  the  building  and  the  nature  of  the  employment 
would  admit. 5e 

The  work  was  to  be  carried  on  under  the  direction  of  the  keeper 
of  the  gaol  and  the  Board  of  Inspectors.  The  employment  was  to 
be  conducted  in  the  gaol  and  cells,  and,  if  suitable  work  be  found, 
in  the  yard.5f  The  inmates  were  to  be  kept  “to  labor  of  the  hardest 
and  most  servile  kind,  in  which  the  work  is  least  liable  to  be  spoiled 
by  ignorance,  neglect  or  obstinacy,  and  where  the  materials  are  not 
easily  embezzled  or  destroyed.”  Provision  was  made  for  instruc- 
tion in  the  labor,  when  necessary.52 


(sa)  Passed  5th  April  1790 — Recorded  in  Law  Book  No.  IV,  p.  105. 

See  2 Sm.  1,  531. 

This  act  was  continued  in  force  by  an  act  passed  18th  of  April,  1795 
(chap.  1850). 

By  an  Act  of  4 April  1788  (chap.  2040)  so  much  of  the  act  of  1970  as 
was  continued  by  the  act  of  1795,  and  also  the  said  continuing  act  were 
made  perpetual. 

The  following  extract  is  instructive: 

Whereas,  by  the  39th  sec.  of  the  Constitution  of  this  State, 

it  is  declared,  “That  to  deter  more  effectually  for  the  commission  of 
crimes,  by  continued  visible  punishment  of  long  duration,  and  to  make 
sanguinary  punishments  less  necessary,  houses  ought  to  be  provided 
for  punishing,  by  hard  labour,  those  who  shall  be  convicted  of  crimes 
not  capital,  wherein  the  criminal  shall  be  employed  for  the  benefit  of 
the  public,  or  for  reparation  of  injuries  done  to  private  persons.”  And 
whereas  the  laws  heretofore  made  for  the  purpose  of  carrying  the  said 
provisions  of  the  Constitution  into  effect  have  in  some  degree  failed  of 
success,  from  the  exposure  of  the  offenders  employed  at  hard  labour  to 
public  view,  and  from  the  communication  with  each  other  not  being 
sufficiently  restrained  within  the  places  of  confinement;  and  it  is  hoped 
■that  the  addition  of  unremitted  Solitude  to  laborious  employment,  as 
far  as  it  can  be  effected,  will  contribute  as  much  reform  as  to  deter:  2 
Sm.  L.  531,  Sec.  1. 

(sb)  2 Sm.  L.  531,  Sec.  2. 

(5c)  2 Sm.  L.  531,  Sec.  8. 

(sd)  ibid  Sec.  10. 

(se)  ibid.  Sec.  13. 

( 5f ) Ibid  Sec.  19. 

(sg)  Ibid  Sec.  13.  A part  of  this  section  not  here  quoted  was  repealed  by  the 
act  of,  18th  of  April,  1795,  (chap.  1850). 


56 


The  offenders  were  to  be  employed  every  day  in  the  year,  except 
Sundays;  the  hours  of  work  varied  with  the  season.  In  November,' 
December  and  January  they  were  not  to  exceed  eight  hours,  in  Febru- 
ary and  October,  nine  hours;  and  ten  hours  during  the  rest  of  the 
year.5h  ' 

* The  keeper  (with  approval  of  two  Inspectors)  obtained  the  ma- 

terials necessary  through  the  county  Treasurer.  The  products  of 
the  labor  were  sold  by  the  keeper,  who  obtained  thereon,  a commis- 
sion.51 

A separate  account  was  to  be  kept  with  every  convict  Wherein  he 
was  to  be  charged  with  the  expenses  of  clothing  and  subsistence,  and 
a proportionate  part  of  the  cost  of  raw  materials.  He  wa.s  credited 
with  the  amount  received  by  reason  of  his  labor.  If  his  amount  was 
greater  than  his  expenses  he  received  the  benefit  of  one-half  the  ex- 
cess.* * * * 5* 

Practically  the  same  provisions  were  applicable  to  the  counties 
other  than  Philadelphia.51*  In  the  counties  the  product  was  to  be 
disposed  of,  as  directed  by  the  county  commissioners.51 

An  act  of  18076  penalized  commissioners  for  not  furnishing  ma- 
terials upon  the  requisition  of  the  jailer.  So  that  however  well  con- 
ceived the  act  may  have  been,  this  feature  does  not  seem  to  have 
been  welcomed  enthusiastically  by  the  county  commissioners. 

It  is  to  be  noted  that  so  far  the  legislation  dealt  only  with  comity 
or  local  jails.  There  were  as  yet  no  state  penal  institutions. 

The  act  of  1790  marks  the  real  beginning  of  prison  labor.  It 
seemed  to  contemplate  the  public  account  system.  Although  it  is 
not  to  be  doubted  that  there  was  at  this  time  a desire  to  reform  the 
offender,  the  controlling  motive  perceptible  throughout  the  act  seems 
to  have  been  to  punish  him  in  such  a way  as  to  deter  others  from 
wrong  doing,  and  the  kind  of  employment  was  determined  with  this 
in  view. 

The  era  of  State  penal  institutions  began  in  1818  by  the  establish- 
ment of  the  Western  Penitentiary,7  closely  followed  by  that  of  the 
Eastern  Penitentiary8  in  1821.  Tn  both  institutions  the  principle 
of  separate  and  solitary  confinement  wras  made  mandatory.  Refer- 
ence has  already  been  made  to  the  effect  of  this  provision  on  prison 
labor. 

In  the  Act  of  1826  establishing  the  House  of  Refuge  of  Phila- 
delphia, the  managers  were  directed  to  make  annual  report  to  the 

(5h)  Ibid  Sec.  14. 

(si)  Ibid  Sec.  15. 

(5j)  Ibid  Sec.  17. 

(sk)  ibid  Sec.  28. 

(si)  Ibid  Sec.  30. 

(6)  1807,  April  4;  4 Sm.  L.  393,  Sec.  4. 

(7)  1818,  Mar.  3;  7 Sm.  L.  62.  Sec.  1. 

(s)  1821,  Mar.  20;  7 Sm.  L.  389,  Secs.  1,  7. 


57 


legislature  of  the  disposition  made  of  the  children,  “by  instructing 
or  employing  them  in  the  said  house  of  refuge,  or  by  binding  them 
out  as  apprentices.”9  In  1850i0  the  same  *provisions  were  enacted 
for  the  House  of  Refuge  of  Western  Pennsylvania.  By  not  making- 
more  specific  provisions  as  to  the  employment  of  the  inmates,  the 
former  act  left  the  consideration  of  methods  to  the  discretion  of 
the  managers,  although,  as  has  been  shown,  it  authorized  the  lease 
system. 

By  an  act  of  1829lla  it  was  provided  that  “instead  of  the  peniten- 
tiary punishments  heretofore  prescribed,”  the  person  convicted  of 
certain  crimes  should  be  sentenced  to  suffer  punishment  by  separate 
or  solitary  confinement  at  labor  in  the  penitentiaries,  which  had 
been  established. 

The  prisoners  “shall  be  kept  singly  and  separately  at  labor  in  the 
cells  of  work  yards  of  said  prisons.”1115 

The  Inspectors  of  the  penitentiaries  were  authorized  to  direct  the 
manner  in  which  the  raw  materials  should  be  purchased,  and  the  arti- 
cles manufactured  and  sold.  Accounts  are  to  be  kept  of  all  expendi- 
tures and  receipts.110  Here  again  we  have  the  public  account  system. 

A prison  for  the  city  and  county  of  Philadelphia,  to  accommo- 
date three  hundred  on  the  principle  of  solitary  confinement,  was  pro- 
vided for  in  1831. 12  The  same  plan  for  labor  was  to  be  followed  as 
had  previously  been  established  in  the  penitentiaries. 

In  1835  it  was  made  the  duty  of  the  Inspectors  of  the  jail  thus 
established,  “to  make  the  necessary  contracts  for  the  support  and 
employment  of  the  persons  confined  in  said  prison,  and  to  direct  the 
manner  in  which  they  shall  be  employed,  and  the  articles  manu- 
factured shall  be  sold,”13  This  would  seem  by  inference,  to  author- 
ize either  the  contract  system  or  the  public  account  system. 

The  expense  of  maintaining  prisoners  in  the  penitentiaries  is 
charged  to  the  respective  counties  from  which  the  prisoners  are  sent, 
in  proportion  to  the  number  of  convicts  received.  The  act  of  184414 
provides  that  any  excess  that  may  remain  after  paying  the  expense 
of  maintenance  shall  be  paid  into  the  State  Treasury. 

Inspectors,  sheriffs,  and  persons  in  charge  of  penitentiaries  or 
jails  are  required  to  report  annually  “how  the  prisoners  are  classi- 
fied, their  different  trades,  and  occupations,  if  any,  while  in  such 

(9)  1826,  Mar.  23;  P.  L.  133,  Sec.  7. 

(io)  1850,  April  22;  P.  L.  538,  Sec.  18. 

(na)  1829.  April  23;  P.  L.  341,  Secs.  1,  2. 

(nb)  Ibid  Sec.  3 (AA  portion  of  this  section  omitted  was  repealed  by  the 
acts  of  1833,  Feb.  27;  P.  L.  56,  Sec.  5. and  1834,  April  15,  P.  L.  473. 

(nc)  ibid  Sec.  8.  Art.  I.  Amended  by  1913,  May  23;  P.  L.  330,  sec.  1. 

(12)  1831,  Mar.  30;  P.  L.  228,  Secs.  1,  8. 

(is)  1835,  April  14;  P.  L.  232,  Sec.  3. 

(i4)  1844,  May  31;  P.  L.  582,  Sec.  24.  (1843,  Sept.  29;  entitled  “an  act  to 

provide  for  the  ordinary  expenses  of  government,  and  for  other  pur- 

poses” repealed). 


58 


penitentiary  or  jail;  whether  an  opportunity  is  afforded  to  the  pris- 
oners for  doing  overwork,  or  for  receiving  in  any  other  manner  the 
profits  of  their  labor.”15  • This  will  be  seen  to  give  wide  discretionary 
powers  to  the  persons  in  charge. 

In  185716  and  185817  the  managers  of  the  houses  of  refuge  in  Phila- 
delphia and  Allegheny  counties  were  empowered  to  indenture  the 
inmates  of  those  institutions  to  service  during  minority,  after  first 
having  obtained  the  consent  of  the  inmates. 

In  1869, 18  the  congregation  of  prisoners  in  the  Western  Peniten- 
tiary was  allowed  for  the  “purpose  of  labor,  learning  and  religious 
services.”  This  removed  a great  impediment  in  the  management 
of  the  labor,  and  permitted  it  to  be  carried  on  upon  a more  extensive 
scale  under  the  factory  system. 

The  Philadelphia  House  of  Correction,  established  in  1871,  19a 
marks  a great  advance  in  constructive  legislation  providing  for  the 
administration  of  the  labor  problem  in  penal  institutions.  The  per- 
sons to  be  confined  are  limited  to  certain  classes,1911  but  all  the  in- 
mates are  to  be  employed  by  the  superintendent.  A great  diversity 
of  occupations  is  provided,190  but  the  controlling  consideration  still 
seems  to  be  that  the  labor  selected  shall  be  profitable  to  the  insti- 
tution. As  shown  by  the  excerpt  in  the  foot-notes,  the  act  seems  to 
authorize  the  lease  system  (quaere),  the  public  account  system,  and 
the  state-use  system,  except  that  to  make  the  last  effective  there  was 
lacking  a provision  requiring  “the  other  public  institutions”  to  pur- 
chase of  the  House  of  Correction,  such  goods  as  it  could  supply. 

The  prevailing  thought  until  1881  seemed  to  be  that  the  prisoners 
should  be  made  self-supporting,  or  indeed,  a source  of  profit.  The 
work  was  selected  not  with  the  consideration  of  better  equipping 
the  inmate  to  support  himself  after  his  discharge,  but  chiefly  for 


(is)  1847,  Feb.  27;  P.  L.  172,  Sec.  1.  (1872,  Apr.  5;  P.  L.  42,  Sec.  1 provides 

that  this  report  is  to  be  made  to  the  board  of  public  charities  instead  of 
the  Secretary  of  the  Commonwealth). 

(16)  White  inmates — 1857,  May  12;  P.  L.  454,  Sec.  1. 

(17)  Colored  inmates — 1858,  Apr.  22;  P.  L.  452,  Sec.  1. 

(is)  1869,  Apr.  8;  P.  L.  18,  Sec.  1. 

(19a)  1871,  June  2;  P.  L.  1301,  Sec.  1. 

(i9b)  Under  this  act,,  no  adult  person  can  be  committed  to  the  house  of  correc- 
tion in  Philadelphia  for  a shorter  term  than  three  months,  and  the 
classes  to  be  confined  there  are  limited  to  paupers,  vagrants,  drunk- 
ards. etc.:  Commonwealth  v.  Stodler,  15  Philadelphia  418  (1882). 

(i9c)  Employment  of  inmates.  Every  person  in  the  custody  of  the  said  board 
of  managers,  not  disqualified  by  sickness  or  casualty,  shall  be  employed 
by  the  superintendent  in  quarrying  stone,  cultivating  the  ground, 
manufacturing  such  articles  as  may  be  needed  for  the  prison,  alms- 
house, or  other  public  institution  of  the  state  or  city,  or  for  other  per- 
sons, and  at  such  other  labor  as  shall  upon  trial,  be  found  to  be  profit- 
able to  the  institution,  and  suitable  to  its  proper  discipline  and  to  the 
health  and  capacities  of  the  inmates;  and  the  superintendent  may  detail 
such  numbers  of  the  inmates  as  he  may  regard  proper  to  do  the  work, 
outside  of  grounds  of  the  institution,  for  any  of  the  departments  or 
institutions  of  the  city,  or  for  such  other  persons  as  may  be  approved 
by  the  board  of  managers.  1871,  June  2;  P.  L.  1301,  Sec.  7. 


the  purpose  of  enabling  the  institution  or  the  state  to  reimburse  it- 
self for  the  expense  to  which  the  prisoner  had  put  it.  There  was  in 
1847  (note  15  supra)  an  intimation  that  inmates  might  receive  pro- 
fits of  their  labor,  but  at  no  time  was  there  a provision  enacted  that 
prisoners  should  receive  any  compensation. 

The  desire  to  reform  offenders  was  first  formulated  in  pronounced 
terms  so  that  there  could  be  no  question  as  to  the  purpose,  in  the 
act  of  1881, 20  establishing  the  Huntingdon  Reformatory.  The  pur- 
pose of  this  institution  is  expressed  in  the  act  of  1887, 21  where  also, 
it  is  provided  that  the  employment  of  the  inmates  is  to  be  such  as 
will  “be  useful  after  discharge.”  This  is  the  keynote  in  the  establish- 
ment of  institutions  after  this  date. 

During  the  period  1676-1883  prison  labor  developed  and  expanded. 
New  institutions  were  established  into  which  the  system  was  in- 
troduced. The  number  of  offenders  employed  under  the  State  was 
also  increased  by  drafting  out  of  the  local  jails,  the  long  term  pris- 
oners and  putting  them  in  the  penitentiaries.  No  laws  were  passed 
for  the  purpose  of  restricting  the  employment  of  prison  labor  in 
any  way. 


III.  PERIOD  OF  RESTRICTED  PRISON  LABOR. 

1883-1914.  The  year  1883  was  rather  prolific  with  respect  to 
prison  labor,  (1)  The  contract  system  of  labor  was  abolished22  in  all 
institutions  under  control  of  the  state  or  receiving  any  appropria- 
tions from  it.  It  would  seem  from  this  fact  that  the  system  had  be- 
come widely  prevalent.23  Prisoners  in  penitentiaries  are  to  be  em- 
ployed “for  and  in  behalf  of  the  state;”  those  in  reformatories,  for 
and  in  behalf  of  such  institutions;  and  those  in  county  institutions 
(prisons,  workhouses,  and  reformatories),  for  and  in  behalf  of  their 
respective  counties.  This  wrought  a radical  change  in  the  method 


(20)  1881.  June  8;  P.  L.  63;  Sec.  1. 

(si)  System  of  Discipline.  As  the  aim  and  purposes  of  the  industrial  re- 
formatory is  to  prevent  the  young  first  offenders  against  the  laws  of  the 
state  from  becoming  criminals  and  to  subject  them  while  in  custody  in 
this  reformatory  to  such  remedial,  preventative  treatment,  training 
and  instruction  as  may  make  them  honest,  reputable  citizens,  the  board 
of  managers  is  authorized  and  hereby  empowered  to  establish,  by  rules 
and  regulations  governing  the  superintendent  and  other  officers,  such 
a system  and  discipline  for  the  inmates  as  will  secure  to  each  instruc- 
tion in  the  rudiments  of  an  English  education,  and  in  such  manual, 
handicraft,  skilled  vocations  as  may  be  useful  to  each  of  the  inmates 
after  his  discharge  from  the  reformatory,  whereby  said  person  will  be 
able  to  obtain  self-supporting  employment.  The  contract  system  of 
labor  shall  not  exist  in  any  form  whatsoever  in  said  reformatory,  but 
the  prisoners  shall  be  employed  by  the  Commonwealth.  It  shall  be  the 
duty  of  said  board  of  managers  to  maintain  such  control  over  all  pris- 
oners committed  to  other  custody  as  shall  prevent  them  from  oome 
miitting , best  secure  their  self-support  and  accomplish  their  reformation, 
1887,  April  28;  P.  L.  63.  Sec  11. 

(22)  1883.  June  13,  P.  L.  112,  Secs.  1,  2,  3. 

(23)  See  Pennsylvania  Legislative  Documents,  Vol.  Ill,  1878,  Doc.  No.  21. 


60 


of  employment.  (2)  Convicts  are  to  receive  wages.24  (3)  Convict- 
made  goods  are  to  be  branded  whether  made  for  the  institution  or 
upon  (unexpired)  contracts.25 

In  1891  the  number  of  hours  in  a working  day  in  penal  institutions 
was  limited  to  eight.26 

An  act  of  189527  makes  it  lawful  for  county  commissioners  with 
approval  of  grand  juries  to  erect  workhouses  in  which  the  prisoners 
are  to  be  kept  at  “useful  employment  such  as  may  be  suited  to  his 
or  her  age  and  capacity,  and  such  as  shall  be  most  profitable  to  the 
institution  and  tend  to  promote  the  best  interests  of  the  party ” 

In  189728  the  use  of  machines  operated  by  any  power  other  than 
hand  or  foot  power,  was  prohibited  in  penal  institutions  in  the 
manufacture  of  goods  that  are  made  elsewhere  in  the  state,  and  the 
employment  of  more  than  thirty-five  per  centum  of  the  whole  num- 
ber of  inmates  of  any  penal  institutions  was  prohibited. 

An  act  passed  in  189929  “authorizing  the  employment  of  male  pris- 
oners of  the  jails  and  workhouses”  of  the  state,  and  permitting  this 
employment  to  be  on  public  highways.  The  money  received  “for 
labor  done  within  such  jails  or  workhouses”  shall  be  credited  in  the 
account  of  the  institutions. 


(24)  ibid  Sec.  4. 

(25)  1883,  June  20;  P.  L.  125,  Secs.  1,  2,  3. 

(26)  1891,  May  20;  P.  L.  100,  Sec.  1. 

The  eight  hour  law  of  1891,  May  20;  P.  L.  100  applies  to  Huntingdon 
Reformatory;  Eight  Hour  Law,  27  Pa.  C.  C.  672;  s.  c.  12  D.  R.  758, 
1903. 

(27)  1895,  June  26;  P.  L.  377,  Secs.  1 and  7. 

(2s)  1897,  June  18;  P.  L.  170.  Secs.  1.  2.  3. 

The  act  of  June  18,  1897,  prohibiting  the  use  of  machinery  in  manu- 
facturing goods  in  state  reformatories,  applies  to  Huntingdon  Reforma- 
tory, but  it  may  employ  machinery  operated  by  steam  or  electricity  in 
the  manufacture  of  goods  or  supplies  to  be  used  exclusively  within  the 
institution;  Pennsylvania  Industrial  Reformatory,  7 D.  R.  77;  s.  c. , 
sub  nom..  Manufacturing  Reformatories,  20  Pa.  C.  C.  423,  1897.  (Opin- 
ion of  the  attorney-general). 

(29)  1899,  April  28;  P.  L.  89  (Repealed  and  supplied  by  1907,  May  25;  P.  L. 

247.) 


61 


In  the  same  year  (1899) 30  the  restricting  act  of  1897  was  amended, 
seemingly  for  the  purpose  of  clearing  up  a small  point  which  was  in 
controversy. 

An  act  passed  in  190131  is  interesting  because  it  is  one  of  two  laws 
in  which  the  legislature  specifies  the  exact  allowance  that  is  to  be 
made  for  the  labor  of  a prisoner.  When  a county  prison  board  per- 
mitted work  to  be  done  on  the  streets  of  the  borough  in  which  the 
jail  was  located,  that  borough  was  to  pay  to  the  county  treasurer 
thirty-five  cents  a day. 

An  act  of  191332  providing  that  the  wages  earned  by  prisoners, 
who  have  been  committed  for  non-support  shall  be  payable  to  cer- 
tain dependents,  allows  sixty-five  cents  a day.  It  would  seem, 
therefore,  that  the  wage  value  of  prison  labor  has  risen  about  eighty- 
five  per  centum  in  a dozen  years ! 

Some  insight  into  the  effect  of  the  law  prohibiting  the  use  of  ma- 
chinery, or  that  restricting  the  number  of  inmates  to  be  employed 
(or  of  both)  is  shown  by  an  act  of  190133  authorizing  the  sale  by  the 
state  reformatories  of  any  machinery  that  “shall  become  unservic- 
able  owing  to  the  discontinuance  of  any  manufacture  theretofore 
carried  on  in  said  institution.” 

The  act  of  1907  relating  to  jails  and  workhouses  makes  it  law- 
ful for  prison  boards  to  require  able-bodied  male  prisoners  confined 
under  sentence  to  perform  eight  hours  of  manual  labor  daily,  ex- 
cept Sundays  or  holidays.  The  labor  to  be  done  is  to  be  classified  and 
established  by  the  prison  boards33a  which  have  authority  to  compel  the 


(sc)  Regulation  of  employment  of  inmates  of  state  prisons,  etc.  From  and 
after  the  passage  of  this  act  no  warden,  superintendent'  or  other  of- 
ficer of  any  state  prison,  penitentiary,  or  stage  reformatory,  having 
control  of  the  employment  of  the  inmates  of  said  institutions  shall 
employ  more  than  5 per  cent,  of  the  whole  number  of  inmates  of  said 
institutions  in  the  manufacture  of  brooms  and  brushes  and  hollow 
ware,  and  (i)  10  per  cent,  in  the  manufacture  of  any  other  kind 
of  goods,  wares,  articles  or  things  that  are  manufactured,  elsewhere  in 
the  state,  except  mats  and  matting,  in  the  manufacture  of  which  20 
per  cent,  of  the  whole  number  of  inmates  may  be  employed.  1899, 
April  28;  P.  L.  122,  Sec.  1.  The  officers  of  the  various  county  prisons, 
workhouses  and  reformatory  institutions  within  the  Commonwealth  of 
Pennsylvania  shall  not  employ  more  than  5 per  cent,  of  the  whole 
number  of  inmates  in  said  institutions  in  the  manufacture  of  brooms 
and  brushes  and  hollow  ware  and  (2)  10  per  cent,  in  the  manufacture 
of  any  other  kinds  of  goods,  wares,  articles  or  other  things  that  are 
manufactured  elsewhere  in  the  state  except  mates  and  matting,  in  the 
manfacture  of  which  20  per  cent  of  the  Whole  number  of  inmates  may 
be  employed;  Provided,  This  act  shall  not  apply  to  goods  manufactured 
for  the  use  of  the  inmates  of  such  institutions.  1899,  April  28;  P L 
122,  Sec.  1. 

(31)  1901,  April  24;  P.  L.  100,  Sec.  1.  (Amended  and  supplied  by  1907,  May 
25,  P.  L.  247,  Sec.  4.) 

(32)  1913,  June  12,  P.  L.  502. 

(33)  1901,  May  2;  P.  L.  126,  Sec.  1. 

(33a)  1907  M*v  25:  P.  L.  247.  Sec.  2 which  repeals  and  supplies  Sec.  2 of  the 

act  of  1899,  Apr.  28;  P.  L.  89. 

m This  amends  Sec.  1 of  the  aet  of  1897,  June  18;  P.  L.  170  by  changing  “or”  to  “and  ” 

(2)  This  amends  Sec.  2 of  the  act  of  1897,  June  18;  P.  L.  170  by  changing  “or”  to  “and.” 


G2 


labor  to  be  done  on  public  highways33b  within  their  respective  coun- 
ties. The  boards  are  required  to  purchase  all  materials  and  tools, 
which  are  to  be  paid  for  by  the  county  treasurer,  upon  warrants 
drawn  by  the  county  commissioners.330  Guards  are  required  while 
the  prisoners  are  employed  outside  of  the  prisons. 33d  This  act  does 
not  affect  the  method  of  employment  within  the  prisons.33e  Al- 
though authorizing  labor  on  highways,  the  act  still  operates  as  a 
restriction  on  the  kind  of  work. 

An  act  of  190934  creates  a board  of  inspectors  of  the  jail  or  county 
prison  in  counties  having  a population  between  150,000  and  250,000, 
and  provides  for  the  appointment  of  a warden  who,  instead  of  the 
sheriff,  shall  reside  in  the  building. 

In  1911  because  of  congested  conditions  in  the  Western  Peniten- 
tiary 35a  authority  was  given  for  the  purchase  of  a tract  in  a rural 
district  for  a new  site  for  the  penitentiary.  It  was  provided  that  as 
far  as  practicable,  the  work  should  be  performed  by  the  inmates  of 
the  institution. 35b  In  191336  authority  was  given  to  purchase  live- 
stock and  farming  implements.  The  construction  of  this  new  peni- 
tentiary by  its  inmates  is  an  example  of  a modification  of  the  state- 
use  system,  known  as  the  public  works  and  ways  system.  The  work 
on  the  public  highways  ( supra  V33b  is  another  illustration. 


(33b)  1907  May  25;  P.  L.  247,  Sec.  4 — repeals  and  supplies  1901.  April  24; 

P.  L.  100,  Sec.  1.  wihich  amended  1899,  April  28;  P.  L.  89,  Sec.  4. 

Townships  and  Cities. 

A number  of  acts  give  to  townships  and  cities  power  to  set  at  work  on 
roads,  streets,  or  elsewhere  all  able-bodied  paupers,  or  vagrants  found 
within  the  jurisdiction  of  townships  or  cities.  Cities  are  also  given  a 
similar  power  in  the  case  of  default  of  payment  of  fines  imposed  for 
violations  of  ordinances. 

As  to  townships — 1899,  April  28;  P.  L.  104,  Sec.  7,  cl.  V. 

Amended  by  1901,  July  9;  P.  L.  627,  Sec.  1. 

Cities — 1st  class  1885,  June  1,  P.  L.  27,  Art.  X.  Sec.  1. 

2nd  class  1901,  Mar.  7;  P.  L.  20,  Art.  X.  Sec.  1. 

3rd  class  1889,  May  23;  P.  L.  277,  Art.  V.  Sec.  3,  cl.  XX. 

(33c)  1907,  May  25;  P.  L.  247,  Sec.  5 — repeals  and  supplies  1909,  April  28; 

P.  L.  89,  Sec.  6. 

(33d)  1907,  May  25;  P.  L.  247,  Sec.  6 — repeals  and  supplies  1903,  April  24, 

P.  L.  299,  Sec.  7,  which  amended  1899,  April  28,  P.  L.  89,  Sec.  7. 

(33e)  1907,  May  25;  P.  L.  247,  Sec.  8. 

(34)  1909,  April  27;  P.  L.  262,  Sec.  2.  Amended  to  include  counties  between 

150,000  and  325,000  and  composition  of  board  changed  by  1913,  May 
21;  P.  L.  281,  Sec.  1. 

(35a)  Whereas,  It  appears  that  the  Western  Penitentiary  is  greatly  over- 
crowed, as  well  as  otherwise  inadequate  for  the  purpose  for  which  it 
is  used,  and  owing  to  the  construction  and  location  thereof  is  so  un- 
sanitary that  numerous  cases  of  tuberculosis  exist  among  the  prisoners 
confined  therein,  as  the  direct  result  of  the  imprisonment;  that  for 
the  lack  of  a large  tract  of  land  appurtenant  to  the  said  institution,  it 
is  impossible  to  extend  the  buildings  and  prison  yards  thereof  at  any 
reasonable  cost;  and 

Whereas,  It  is  desirable  that  new  buildings  of  modern  design  be  con- 
structed for  the  said  penitentiary,  on  a sufficiently  large  tract  of  land  in 
a rural  district  so  that  the  prisoners  may  be  provided  with  useful  em- 
ployment in  tilling  the  soil,  or  otherwise 

1911.  Mar.  20;  P.  L.  32,  Preamble. 

(35b)  ibid  Sec.  5. 

(se)  1913,  April  4;  P.  L.  44. 


Go 


Congregation  in  the  Eastern  Penitentiary  was  allowed  for  the 
“purposes  or  worship,  labor,  learning  and  recreation”  by  an  act  of 
1913/'  it  is  rather  remarkable  that  this  privilege  should  not  have 
been  granted  uncii  forty-four  years  alter  a similar  right  had  been 
given  the  Western  Penitentiary. 

The  same  legislature38  provided  for  the  Penal  Commission  that 
is  making  the  report  of  which  this  history  of  the  legislation  is  a part. 

The  legislature  of  1913  also  provided  for  the  establishment  of  a 
State  industrial  Home  for  Women,39  which  is  to  be  quite  similar,  in 
its  purpose  to  the  Huntingdon  Reformatory.  The  industrial  re- 
formatory embodies  the  most  advanced  ideas  of  penology  shown  in 
Pennsylvania  legislation. 

The  last  period  (1883-1914)  shows  an  apparent  conflict  between 
the  desire  to  protect  free  labor  from  the  direct  competition  of  prison 
labor,  and  the  desire  to  alleviate  the  present  condition  of  the  pris- 
oner and  prepare  him  for  a fmore  useful  life  after  his  discharge. 
The  contract  system  received  its  death  blow,  thus  making  the  ex- 
ploitation of  prison  labor  less  probable.  Just  as  the  first  period 
1676-1883  showed  the  extension  of  prison  labor,  the  last  period  em- 
phatically shows  a series  of  checks,  curbing  the  free  production  of 
goods  within  prisons  and  thereby  militating  against  the  choice  of 
occupation  because  of  their  value  to  the  delinquent  as  well  as  to  the 
state.  These  restrictions  have  been  seen  to  apply  to: — (1)  the 
method  of  employment  (abolition  of  the  contract  system) ; (2)  the 
kind  of  labor  in  which  the  prisoners  may  be  employed  (prohibition 
of  power  machinery) ; and  (3)  the  amount  of  goods  that  may  be  pro- 
duced (limitation  on  number  of  inmates  employed). 

The  problem  in  Industrial  Penology  in  Pennsylvania  is  to  devise 
a system  that,  while  conserving  the  interests  of  free  labor,  will  per- 
mit adequate  methods  of  employment  conducive  to  the  reformation 
of  the  prisoner  and  beneficial  to  the  state.  The  solution  proposed  by 
the  Commission  is  the  establishment  of  the  State-Use  System  of  em- 
ploying prisoners. 


EFFECT  OF  UNEMPLOYMENT. 

A brief  scrutiny  of  the  figures  relative  to  the  employment  of 
prisoners  in  Pennsylvania  reveals  the  fact  that  detention  in  idle- 
ness is  the  fate  that  awaits  the  majority  of  convicted  criminals  in 


(37)  1913,  July  7;  P.  L.  708,  Sec.  1. 

(as)  1913,  July  25;  P.  L.  1242. 

(30)  1913,  July  25;  P.  L.  1311,  Secs.  6,  10,  11,  25,  8. 


64 


Pennsylvania-.  Probably  no  state  in  the  Union  has  as  many  idle 
prisoners  as  does  our  own  state.  The  seriousness  of  this  situation 
can  not  be  over  emphasized. 

From  the  financial  point  of  view  no  policy  could  be  more  silly 
than  that  of  supporting  in  idleness  the  thousand  of  prisoners  which 
make  up  the  never-ending  stream  of  humanity  that  pours  through 
our  penal  institutions.  The  combined  plants  represent  an  enormous 
outlay  of  capital,  and  the  annual  maintenance  cost  alone  lays  a 
burden  of  no  mean  magnitude  on  the  tax-payers  of  the  State.  This 
policy  of  idleness  has  no  justification  either  in  theory  or  in  fact.  It 
is  partly  the  result  of  the  attempt  to  eliminate  the  competition  of 
prison-made  goods,  and  partly  the  inevitable  outcome  of  our  present 
system  of  institution  for  misdemeanants. 

But  the  financial  point  of  view  is  by  no  means  the  deciding  fac- 
tor. If  it  could  be  shown,  as  in  the  case  of  the  institutions  for 
juvenile  delinquents,  that  the  entire  time  of  these  unfortunate  mem- 
bers of  society  was  spent  in  wavs  certain  to  benefit  them  physically, 
mentally  and  morally  to  the  lasting  good  of  society,  no  one  would 
object  to  the  size  of  the  bill.  Unfortunately,  no  such  rosy  picture  of 
our  institutions  can  be  accepted  as  true  to  the  facts.  Here  and 
there,  exceptional  wardens  or  keepers  have  tried  to  do  this  very 
thing,  but  they  have  been  frightfully  handicapped  by  the  law  or  by 
the  nature  of  the  institutions  under  their  charge.  Great  credit  must 
be  given  them,  but  they  are  the  type  of  men  who  need  not  praise 
but  help,  which  the  legislature  alone  can  give. 

What  can  be  said  in  defense  of  a system  which  condemns  a man 
to  complete  idleness  in  a cell!  No  more  diabolical  punishment  could 
be  invented.  It  is  a sentence  to  gradual  dissolution  and  decay.  It 
means  the  physical,  mental  and,  in  many  cases,  the  moral  degenera- 
tion of  the  prisoners.  After  such  a condition  has  been  arrived  at, 
is  it  any  wonder  that  a prisoner  returns  to  crime  and  becomes  a re- 
cidivist. Instead  of  profiting  by  the  discipline  of  work,  he  loses  his 
desire  to  work  and  comes  to  the  conclusion  that  society  must  owe 
him  a living,  a perfectly  natural  conclusion  in  view  of  his  experience 
as  a boarder  of  the  state  from  whom  nothing  was  expected. 

But  perhaps  the  greatest  danger  in  this  policy  of  idleness  lies  in 
its  effect  on  family  life.  Many  prisoners  have  been,  prior  to  their 
conviction,  members  of  a family  group  the  support  of  which  has 
rested  largely  or  entirely  on  their  shoulders.  Compelled  to  endure 
months  or  perhaps  years  of  inactivity,  with  no  chance  to  contribute 
through  their  effort  to  the  economic  welfare  of  their  family  group, 
they  must  resign  themselves  to  the  fate  which  has  overtaken  it. 
Private  or  public  charity  must  come  forward  and  take  up  the  burden 
or  become  an  unwilling  witness  of  a disheartening  struggle  on  the 
part  of  the  remaining  members  to  obtain  a livelihood.  When  the 


65 

state  openly  ancl  with  intent  breaks  the  economic  bond  which  unites 
members  of  a family  group,  it  has  no  right  to  criticise  the  results 
of  this  policy  which  appear  in  the  various  forms  of  desertion,  di- 
vorce, and  laxness  in  morals.  The  opportunity  to  work  and  the 
right  to  the  products  of  his  labor  ought  to  be  inviolate  rights  of 
every  prisoner,  if  not  for  his  sake,  then  for  that  of  his  family  and 
for  that,  above  all,  of  the  state. 


THE  JAIL  PROBLEM. 

The  recommendations  of  the  commission  with  reference  to  the 
county  jails  or  prisons  may  seem  on  the  surface  to  be  of  a slightly 
contradictory  nature.  On  the  one  hand,  the  commission  has  drafted 
an  act  providing  for  the  county-use  system  of  employing  prisoners, 
while  on  the  other  hand  it  has  drawn  up  a plan  which  if  adopted, 
would  to  a large  degree  make  the  county  jails  and  prisons  mere  de- 
tention places  for  witnesses  and  untried  prisoners.  Rightly  under- 
stood, however,  these  two  recommendations  are  in  no  sense  opposing 
measures  but  form  parts  of  one  consistent  plan  which  the  commis- 
sion has  all  along  had  in  mind. 

The  commission  believes  that  the  county  jails  or  prisons  should 
be  replaced  by  industrial  farms  located  in  places  easy  of  access  to 
the  surrounding  counties  and  managed  entirely  by  the  state.  The 
commission  realizes,  however,  that  two  or  three  years  must  elapse 
before  such  farms  would  be  ready  to  receive  inmates;  and,  wishing 
to  remove  all  excuse  which  county  authorities  might  have  for  not 
employing  their  prisoners  in  the  meantime,  it  has  offered  as  a tem- 
porary expedient  a plan  by  which  all  prisoners  in  jails  and  county 
prisons  could  be  employed,  if  county  authorities  deemed  it  advisable. 
The  commission  does  not  believe,  however,  that  any  plan  short  of 
the  adoption  of  the  idea  of  State  industrial  farms  will  solve  the 
problem  of  employing  short  term  prisoners. 

The  jails  of  Pennsylvania  do  not  at  the  present  time,  as  is  shown 
by  the  table  on  employment  in  Part  T,  come  anywhere  near  em- 
ploying the  percentage  of  prisoners  which  the  law  allows;  and  a 
study  of  the  jail  situation  in  other  states,  where  no  legal  restric- 
tions are  found,  confirms  the  commission  in  its  view  that  the  real 
cause  of  unemnloyment  in  these  institutions  is  to  be  sought  in  the 
nature  of  the  institutions  themselves  rather  than  in  any  laws  which 
seem  to  offer  a barrier  to  the  employment  of  the  inmates. 


5 


The  experience,  moreover,  of  England  supports  this  view  which 
the  commission  holds.  Nameless  abuses  in  the  jails  of  England 
were  exposed  by  John  Howard  in  the  eighteenth  century.  Later, 
Elizabeth  Fry  took  up  the  work  of  reform;  but  even  she,  in  spite  of 
her  immense  influence,  felt  that  reform  could  only  come  through 
centralization  of  control  and  a decrease  in  the  number  of  institu- 
tions. And  this  has  been  the  course  of  reform  there.  From  her  time 
on,  there  was  a steady  growth  of  supervision  and  control  of  the  cen- 
tral government  which  finally  terminated  in  1878  in  the  assumption 
by  the  state  of  the  entire  control  of  the  jails.  At  once  an  enormous 
reduction  in  the  number  was  made. 

In  the  United  States,  the  movement  is  well  under  way.  New  York, 
has  created  a state  industrial  farm  to  which  all  tramps  and  vagrants 
will  henceforth  be  sent.  In  Indiana,  a state  industrial  farm  for  mis- 
demeanants has  been  established  by  law,  and  to  it  will  be  sent  all 
sentenced  prisoners  having  to  serve  a term  of  more  than  thirty  days 
imprisonment.  The  State  of  Iowa  has  signed  a contract  for  the 
purchase  of  a site  for  the  new  industrial  farm  for  misdemeanants 
and  the  coming  legislature  will  be  asked  to  authorize  the  purchase 
of  four  others.  The  commission  is  reliably  informed  that  similar 
movements  are  on  foot  in  other  states,  and  the  time  seems  propitious 
for  the  change  in  Pennsylvania. 

The  reasons  which  have  influenced  men  to  work  for  the  abandon- 
ment of  jails  as  places  of  detention  for  sentenced  prisoners  are  two 
in  number.  In  the  first  place,  the  county  is  entirely  too  small  a unit 
of  prison  administration.  The  modern  conception  of  a prison  is  a 
place  that  affords  ample  opportunity  for  work  and  exercise,  where 
trades  can  be  taught  and  instruction  given  to  those  who  need  it,  an 
institution,  in  short,  which  might  be  termed  an  industrial  school 
for  adults.  Reference  to  the  first  table  printed  in  this  report  shows 
what  a large  number  of  jails  of  Pennsylvania  there  are  having  a 
population  under  thirty.  Some  indeed  have  no  inmates;  others  but 
three  or  four.  It  is,  therefore,  useless  to  expect  county  authorities 
to  establish  a modern  prison  for  the  detention  and  reformation  of 
criminals.  Nor  would  it  be  wise  for  them  to  do  so.  Such  institu- 
tions are  costly,  and  for  each  county  to  think  of  running  such  a 
plant  would  be  as  foolish  a policy  as  for  each  school  district  to  have 
its  own  high  school.  One  such  institution  would  easily  suffice  for 
several  counties;  and,  while  it  is  a crime  not  to  have  any  for  the 
misdemeanants  of  the  state,  it  would  be  perhaps  a still  greater  one 
to  saddle  sixty-seven  of  these — one  for  each  county — upon  the  backs 
of  the  tax-payers.  Six  would  suffice. 

The  second  reason  for  this  attempt  to  replace  the  jails  by  state 
institutions  is  closely  akin  to  the  first.  Just  as  the  county  is  not 
able,  on  account  of  its  size,  to  provide  the  kind  of  prison  which  pub- 


67 


lie  opinion  now  demands,  so  also  it  fails,  and  will  continue  to  fail, 
to  solve  the  question  of  management  because  a good  superintendent 
is  not  to  be  had  for  the  money  which  the  county  authorities,  having 
in  mind  the  small  number  of  prisoners  in  the  jail,  are  willing  to 
offer.  No  one  will  deny  that  the  man  placed  in  charge  of  misde- 
meanants ought  to  be  a capable  and  skilled  administrator,  having  a 
clear  understanding  of  the  task  before  him  and  a vision  of  what  it 
is  possible  to  do  under  the  circumstances.  Only  the  most  densely 
inhabited  counties  can  pay  the  salary  necessary  to  secure  a super- 
intendent of  this  sort.  Moreover,  such  a man  could  easily  take 
charge  of  six  or  seven  hundred  prisoners,  perhaps  even  more. 

As  it  is,  the  management  of  most  jails  is  placed  in  the  hands  of 
the  sheriff,  an  official  who  is  chosen  for  every  other  reason  than  his 
ability  to  run  a prison.  His  tenure  of  office  is  uncertain,  and  he 
makes  little  or  no  attempt  to  develop  a policy  of  reform  or  advance- 
ment. In  those  counties  where  a keeper  is  appointed,  the  situation 
is  little  better.  Small  pay  and  little  opportunity  do  not  attract  big 
men.  As  a rule,  however,  the  county  probably  gets  a better  man  than 
it  deserves  to  have  from  the  point  of  view,  at  least,  of  the  compen- 
sation which  it  offers.  Again,  in  many  counties,  there  is  little  pub- 
lic discussion  of  prison  matters  and  the  management  gets  in  a rut. 
It  is  far  easier  to  bring  the  pressure  of  public  opinion  to  bear  on  a 
few  state  institutions  than  it  is  on  sixty-seven  local  jails  or  prisons 
which  seem  to  many  so  unimportant,  however  great  their  possibili- 
ties for  harm  may  be.  The  state  can  secure  wide-awake  adminis- 
trators; and  once  they  are  placed  in  charge  of  such  prisons  or  in- 
dustrial farms  as  are  called  for  in  the  act  embodying  the  main  re- 
commendations of  the  commission  in  reference  to  jails,  not  only 
would  the  great  problem  of  the  proper  employment  of  misdemean- 
ants be  solved,  but  the  evils  of  jail  life  would  be  banished  once  for 
all. 

The  following  extracts  concerning  county  jails  have  been  collected 
with  the  intention  of  presenting  the  opinion  of  men  who  are  well 
qualified  to  speak  of  the  jail  as  an  institution  for  the  detention  of 
prisoners.  As  will  be  seen  by  reference  to  the  names  attached,  the 
best  thought  of  Europe  and  America  on  the  jail  problem  is  here  re- 
presented. The  quotations  indicate  most  clearly  and  convincingly 
that  the  jail  problem  is  not  the  problem  of  any  one  state  but  of 
practically  all,  and  that  sane  reform  is  to  be  sought  in  the  abandon- 
ment of  the  jails  as  places  for  the  detention  of  sentenced  prisoners 
and  in  the  creation  of  state  industrial  farms  to  take  their  place. 


EXTRACTS. 


“REPORT  OF  THE  INDIANA  PENAL  FARM  COMMISSION. 

“Indianapolis,  Ind.,  Jan.  10,  1913. 
“To  the  Sixty-eighth  General  Assembly,  State  of  Indiana: 

“Gentlemen — The  penal  farm  commission  appointed  under  au- 
thority of  concurrent  resolution  No.  4 of  the  legislature  of  1911, 
presents  herewith  its  report  and  recommendations. 

“The  resolution  referred  to  is  as  follows: 

“WHERAS,  The  prisoners  sentenced  to  county  jails  in  this  State 
are  usually  maintained  in  idleness  at  the  expense  of  the  taxpayers, 
and 

“WHEREAS,  The  treatment  of  short-sentenced  prisoners  in  this 
county  is  believed  a fruitful  source  of  supply  for  our  State  Prison; 
therefor,  be  it 

“Resolved,  That  the  Lieutenant-Governor  appoint  two  hold-over 
senators  and  the  Speaker  of  the  House  appoint  two  members  of  the 
House,  who  together  shall  constitute  a commission  to  investigate 
these  questions  and  the  desirability  of  the  establishment  of  a State 
penal  farm,  or  other  State  institution  for  the  treatment  and  em- 
ployment of  such  prisoners,  and  report  at  the  next  session  of  the 
General  Assembly  any  recommendations  which  they  may  be  able  to 
make  as  to  the  solution  of  this  problem. 

“In  compliance  with  this  resolution,  Senators  J.  J.  Netterville  and 
W.  S.  Commons  and  Representatives  Mord  Carter  and  Edwin  Corr 
were  appointed  by  the  Lieutenant-Governor  and  the  Speaker  of  the 
House  respectively.  Later  W.  S.  Commons,  who  resigned,  was  suc- 
ceeded by  Senator  John  A.  Hibberd. 

“The  commission  has  studied  the  system  under  which  the  county 
jails  of  Indiana  operate  and  the  conditions  surrounding  the  pris- 
oners, and  it  has  sought  expert  advice  as  to  more  advanced  methods 
of  dealing  with  petty  crime.  One  of  its  members  visited  the  penal 
farms  at  Guelph,  Ontario,  and  Cleveland,  Ohio,  and  attended  the 
twenty-first  session  of  the  Indiana  State  Conference  of  Charities  and 
Corrections  at  Logansport;  two  others  attended  the  annual  meeting 
of  the  American  Prison  Association  at  Baltimore,  Maryland,  and 
afterward  visited  the  District  of  Columbia  workhouse  farm  at  Oc- 
coquan,  Virginia.  Several  meetings  have  been  held  in  Indianapolis, 
to  which  came  by  invitation  State  officials,  representatives  of  various 
benevolent  and  commercial  organizations  and  other  interested  citi- 


zens. 


69 


“Under  the  State’s  penal  system,  men  found  guilty  of  felony  are 
sent  to  the  State  Prison  or  the  Reformatory,  unless  released  on  pro- 
bation or  under  suspended  sentence.  There,  if  they  need  it,  they  are 
given  the  rudiments  of  an  education ; they  have  opportunity  to 
work  at  a trade;  they  are  built  up  physically,  mentally  and  morally; 
everything  that  the  institutions  can  do  to  make  them  better  citi- 
zens is  done.  In  the  course  of  time,  under  certain  restrictions,  they 
may  be  released  on  parole.  Employment  is  found  for  them  before 
they  leave,  and  they  are  visited  afterward  until  the  State  is  reason- 
ably sure  they  will  thereafter  be  law-abiding.  The  State  has  found 
this  the  wise  and  economical  thing  to  do,  for  it  is  a matter  of  record 
that  but  a small  proportion  of  the  men  paroled  are  again  found 
behind  prison  bars. 

“On  the  other  hand,  if  the  offense  committed  is  what  the  law  desig- 
nates a misdemeanor,  the  offender  is  locked  up  in  a county  jail.  As 
a law-breaker,  he  is  no  less  a menace  to  society  than  the  felon ; in  the 
majority  of  cases  he  is  equally  in  need  of  reformatory  treatment 
and  equally  capable  of  profiting  by  it ; he  is  as  much  a state  prisoner 
as  the  felon  and  should  be  under  state  control.  Under  our  present 
system,  however,  he  is  committed  to  the  custody  of  county  officials 
and  the  records  show  that  approximately  fifteen  thousand  sentences, 
including  laid-out  fines,  are  served  annually  in  the  county  jails. 

“Much  has  been  said  and  written  in  condemnation  of  county  jails. 
Two  years  ago  when  the  International  Prison  Congress  met  in  Wash- 
ington it  made  a tour  of  a considerable  portion  of  this  country,  visit- 
ing courts  and  penal  institutions.  It  was  the  general  verdict,  after 
conditions  were  observed,  that  in  the  matter  of  State  penal  and  re- 
formatory institutions  the  United  States  led  the  way,  but  that  our 
jails  and  minor  prisons  were  a reproach  in  the  eyes  of  the  world. 
There  are  jails  in  Indiana  which  are  clean,  sanitary  and  well  man- 
aged, but  they  are  the  exception  rather  than  the  rule.  In  most  of 
them  the  conditions  are  so  unsanitary  as  to  undermine  the  strength 
of  any  one  confined  for  even  a short  time.  Ordinarily  the  prisoners 
remain  day  after  day  in  absolute  idleness,  mingling  indiscriminately 
together.  Even  where  the  plan  of  construction  permits  it,  little  at- 
tempt is  made  to  keep  the  younger  inmates  apart  from  those  more 
experienced  in  vicious  and  criminal  ways.  No  one  who  has  studied 
the  situation  doubts  that  these  institutions  have  been  rightly  named 
‘training  schools  of  crime,’  ‘cess  pools  of  moral  contagion,’  ‘the  dis- 
grace of  modern  civilization.’ 

“The  history  of  Indiana  jails  convinces  us  that  it  is  futile  to  ex- 
pect any  imnrovement  in  them,  other  than  in  physical  condition, 
unless  there  is  brought  about  a radical  change  in  the  system  under 
which  they  onerate.  They  are  designed  originally  as  places  of  tem- 
porary detention.  That  is  the  only  purpose  for  which  they  should  be 


70 


used.  Convicted  law-breakers  should  be  taken  charge  of  by  the 
State,  unless  the  sentence  be  a very  short  one.  The  constitution  of 
Indiana  declares  that  the  penal  code  shall  be  founded  on  principles 
of  reformation,  and  what  the  State  is  doing  in  this  direction  for  its 
felons  is  most  commendable.  It  is  imperative  that  something  of  a 
like  nature  shall  be  done  for  misdemeanants  if  criminals  are 
not  to  be  manufactured  more  rapidly  than  the  State  can  hope  to  re- 
form them. 

“In  marked  contrast  with  county  jails  there  are  what  are  known 
as  penal  farms,  many  of  which  are  in  successful  operation.  They  are 
common  in  Europe.  Perhaps  the  best  known  is  that  established  by 
the  government  of  Switzerland  on  a 2,000-acre  tract  of  land  near 
Witzwil.  It  has  been  in  operation  since  1895  and  is  not  only  self- 
supporting  but  turns  varying  sums  into  the  government  treasury 
every  year.  There  are  from  200  to  250  prisoners.  The  main  indus- 
try is  that  of  farming,  but  a number  of  industries  are  carried  on 
which  help  the  prisoners  afterward  to  maintain  themselves.  Witz- 
wil teaches  an  impressive  lesson  in  its  proof  that  dissolute  and  un- 
trained prisoners  may  be  made  industrious  and  self-supporting  in 
an  open  air  prison  colony.’ 

“As  previously  mentioned,  members  of  this  commission  have 
visited  three  penal  farms  in  this  country.  One  of  these  is  located  on 
800  acres  of  land,  one  and  one-half  miles  from  the  city  of  Guelph, 
Ontario.  It  has  good  rich  soil,  unlimited  gravel  beds  and  building 
and  limestone.  There  are  400  prisoners.  They  are  now  living  in 
cheap  frame  structures  wThile  working  on  the  permanent  buildings. 
They  wear  no  uniforms  and  have  no  armed  guards.  Out  of  2,800 
commitments  to  the  farm,  there  have  been  but  21  escapes  and  a very 
few  are  ever  recommitted.  They  are  operating  a stone  quarry,  a 
stone  crushing  plant  and  lime  kilns  and  they  are  doing  all  the  wTork 
of  construction  on  the  new  buildings  with  the  assistance  of  a few 
skilled  workmen. 

“The  Cleveland  (Ohio)  farm  consists  of  2,000  acres,  divided  into 
four  estates,  containing  approximately  500  acres  each.  On  one  of 
these  is  the  correctional  department.  The  buildings  are  chiefly  con- 
crete, with  tile  roof,  furnished  throughout  substantially  but  very 
plainly,  with  every  modern  convenience.  With  the  assistance  and 
supervision  of  a few  expert  mechanics  and  foremen,  all  the  work  in 
the  construction  of  these  buildings  was  performed  by  the  prisoners. 
Last  year  they  cultivated  600  acres  of  land  and  produced  $24,000 
worth  of  farm  products.  The  daily  average  attendance  was  428. 

“There  are  1,150  acres  of  land  in  the  District  of  Columbia  Work- 
house  Farm  at  Occoquan,  Virginia.  A small  beginning  was  made 
three  years  a£ro  by  building  some  bungalows  in  the  woods  with  the 
labor  of  prisoners  and  from  that  time  until  now  great  progress  has 
been  made  in  surveying  and  improving  the  land,  establishing  a water 


71 


\ 

system  and  a sewerage  plant,  erecting  buildings,  etc.  They  have  a 
stone  crushing  plant,  brick  plant,  and  saw  mill,  a farm  and  garden, 
an  orchard,  dairy  and  poultry  yard.  There  was  a daily  average  of 
534  prisoners  on  the  farm,  during  the  year  ending  June  30,  1912.  The 
buildings  are  inexpensive,  one-story  frame  structure  of  the  dormi- 
tory type,  with  outer  windows  opening  directly  to  sun  and  air. 

“In  all  these  institutions  the  inmates  live  under  healthful,  whole- 
some conditions.  They  are  under  good  discipline,  and  they  are  com- 
pelled to  keep  clean  and  to  do  an  honest  day's  work.  Their  food  is 
ample,  their  clothing  good.  They  work  willingly,  apparently  enjoy- 
ing the  freedom  and  exercise  of  the  open-air  employment.  It  has 
been  demonstrated  that  it  is  unnecessary  to  guard  with  guns.  In 
fact,  the  prisoners  have  been  made  to  feel  that  the  management  is 
trying  to  better  their  condition,  and  a good  spirit  of  helpfulness  pre- 
vails. Those  who  are  in  charge  are  enthusiastic  over  their  work. 
They  feel  that  the  farms  are  infinitely  better  than  the  prison  walls, 
that  the  outdoor  labor  is  rational  and  effective  in  cases  of  vice  and 
that  it  tends  to  develop  normal  physical,  mental  and  moral  condi- 
tions. 

“Having  investigated  the  jail  system  in  Indiana  and  the  system 
of  outdoor  employment  in  operation  elsewhere,  we  are  convinced 
that  there  can  be  no  difference  of  opinion  as  to  which  is  the  better 
plan  for  both  the  prisoner  and  the  taxpayer.  Therefore,  we  recom- 
mend that  this  General  Assembly  enact  legislation  looking  to  the 
establishment  of  a penal  farm  for  short-term  prisoners  who  under 
the  present  laws  are  confined  in  jails  and  workhouses. 

“We  believe  that  such  an  institution  can  be  established  and  main- 
tained without  great  expense.  The  work  of  construction  can  be  done 
by  prisoners  and  the  initial  cost  need  not  be  more  than  that  of  three 
of  four  ordinary  jails  such  as  several  counties  will  have  to  build  if 
a State  farm  is  not  established.  All  the  maintenance  expense  should 
be  borne  by  the  State,  the  counties  paying  the  transportation.  The 
counties  will  profit  through  being  relieved  of  the  cost  of  prisoners’ 
board,  which  at  forty  cents  a day  for  any  length  of  time  is  greater 
than  would  be  the  transportation  from  even  the  remote  parts  of  the 
State.  They  will  be  benefited  also  by  the  reduction  in  numbers 
which  will  inevitably  follow  a change  in  system.  The  benefit  to  the 
State  will  come  later.  From  what  has  been  learned  from  some  cir- 
cuit judges  we  are  led  to  believe  that  certain  classes  of  law-breakers 
whom  they  now  commit  to  the  'State  Prison  and  the  reformatory 
would  be  sent  to  a penal  farm  if  we  had  one.  And  both  the  insti- 
tutions named  could  be  relieved  of  selected  classes  of  prisoners  who 
might  be  transferred  to  the  new  institution  where  the  maintenance 
expense  would  be  less.  Such  an  institution  will  assist  in  relieving 
the  State  of  the  odium  of  the  contract  labor  system  in  State  prisons. 


72 


We  believe  also  that  with  a penal  farm  will  come  a reduction  in  State 
Prison  and  Reformatory  commitments  from  that  class  which  the 
present  jail  system  is  surely  training  in  criminal  ways.  This  has 
been  demonstrated  as  a result  of  the  State  taking  over  the  minor 
prisons  in  Great  Britain  and  Ireland,  as  well  as  in  the  correctional 
department  of  our  own  Woman’s  Prison. 

“But  aside  from  the  benefit  to  the  State,  we  believe  that  a penal 
farm  is  a progressive  and  humane  step  in  the  treatment  of  prison- 
ers; it  reflects  the  changed  attitude  of  society  toward  its  erring  mem- 
bers; it  is  the  best  method  of  relieving  the  State  from  the  disgrace 
of  the  present  county  jail  system  of  confining  prisoners  indefinitely 
in  idleness  at  the  expense  of  the  taxpayers.  In  any  law  which  is 
passed  provision  should  be  made  for  the  payment  of  a sum  not  less 
than  forty  cents  a day  to  the  family  of  a prisoner,  if  the  family  is 
entirely  dependent  upon  him  for  support.” 


THE  ENDLESS  JAIL  PROBLEM.  * 

ISABEL  C.  BARROWS. 

The  Survey,  Vol.  26,  1911,  p.  157. 

“By  way  of  conclusion  here  is  the  substance  of  what  one  of  our 
German  guests  who  attended  the  International  Prison  Congress, 
says  of  our  county  jails: — 

‘In  the  county  jails  of  the  United  States  are  uncounted  thousands 
who  sit  in  idleness,  wasting  their  time  in  brooding  over  their  condi- 
tion as  they  sit  and  smoke.  Any  good  in  them  is  swamped  by  the  evil 
conditions  of  the  jails.  These  jails  are  not  arranged  with  individual 
cells.  No,  they  are  in  blocks  where  ten  to  twenty  may  mingle.  And 
worse  yet.  Over  and  over  we  saw  places  where  the  prisoners  who 
had  been  together  all  day  were  locked  up  two  in  a cell  at  night.  That 
is  contrary  to  decency  and  morality.  If  each  convict  cannot  have 
night  quarters  to  himself  then  at  least  there  should  be  three  in  a 
cell,  for  obvious  reasons.  And  even  that  was  not  the  worst.  I my- 
self saw  in  one  jail  a murderer  whose  guilt  was  certain,  locked  up 
with  a man  accused  of  forgery,  but  whose  guilt  had  not  been  proven. 
What  a perspective  it  opens,  if  one  thinks  of  it,  that  the  State  should 
allow  a young  man  who  has  taken  his  first  wrong  step  to  be  the  room- 
mate and  companion  of  a murderer ! Respect  for  humanity  should 
make  it  possible  for  the  bolt  to  be  drawn  before  the  cell  of  each 
prisoner,  so  that  no  one  should  be  compelled  to  kill  time  by  smok- 
ing and  gossiping  in  jail  corridors.  Of  what  use  are  preventive 
measures  and  the  best  reformatories  if  detention  before  trial  and 
short  sentences  entail  injury  that  can  never  be  made  good?” 


73 


Summary  of  a Report  of  a Committee  of  the  American  Prison  As- 
sociation to  Investigate  the  County  Jails  of  the  Nation. 


THE  CLANK  OF  MEDIAEVALISM  IN  OUR  COUNTY  JAILS. 

Charities  19:  pp.  1751-60.  Mr.  21,  ’08. 

p.  1757.  “It  is  a strong  temptation  to  specify  particular  cities 
where  nameless  abuses  exist;  where  vile  men  find  their  way  to  the 
door  behind  which  prostitutes  stand;  where  little  children  are  kept 
in  rooms  with  polluted  and  diseased  adults;  where  a thoughtless  lad 
is  thrust  by  the  hand  of  our  country's  law  in  the  school  of  vice  and 
crime,  taught  by  trained  scoundrels;  where  a girl  for  venial  fault  is 
shut  up  to  her  damnation  for  a night  with  some  strumpet;  where  a 
poor  insane  victim  of  brain  disorder  howls  all  night  in  company  with 
ruffians;  where  an  honest  fellow,  unable  to  pay  a fine  for  a spree,  is 
locked  in  with  burglars  and  thieves.  These  are  not  pictures  from 
novels;  they  are  bald  prosaic  facts  set  down  by  honest  eye-witnesses 
in  answer  to  printed  questions.” 


SOME  EUROPEAN  COMMENTS  ON  THE  AMERICAN  PRISON 

SYSTEM. 


Ugo  Conti  and  Adolph  Prins. 

Journal  of  American  Institute  of  Criminal  Law  and  Criminology. 

July  1911.  Vol.  II— No.  2;  pp.  199-215. 

p.  208.  “The  jails  (for  short  sentences  and  accused  persons  await- 
ing trial)  are  defective,  as  we  have  above  explained.  In  particular, 
there  is  lacking  an  organic  system  of  institutions  for  protection  of 
the  community  against  dangerous  characters,  habitual  delinquents 
and  incorrigible  tramps  and  rascals.” 

p.  201.  “We  also  visited  at  Mansfield,  a county  jail.  It  had  three 
stories  of  small  dark  cells,  with  from  one  to  three  persons  in  each! 
In  this  respect  it  was  plain  that  offenders  sentenced  for  less  than  a 
year,  and  still  worse,  accused  persons  awaiting  trial  in  America 
are  less  fortunate  than  offenders  sentenced  for  long  terms.  There 
are  county  jails  where  men  and  women  are  kept  together  and  chil- 
dren are  reprehensibly  left  to  mingle  with  adult  offenders.  And 
these  jails,  furthermore,  even  apart  from  their  crude  conditions,  do 
not  satisfy  our  idea  of  the  proper  method  for  a brief  deterrent  deten- 
tion, much  less  for  detention  pending  trial.  Of  course,  it  is  not  to  be 
expected  that  all  the  penal  establishments  could  be  model  institu- 
tions, nor  that  a perfect  disciplinary  system  could  be  found  every- 
where. But  the  contrast  here  was  certainly  depressing.” 


74 


THE  JAIL. 


BY  SARAH  N.  CLEGHORN. 

Scribner’s  July  1913,  Vol.  54,  p.  87. 

“Is  this  a clinic,  then,  for  ailing  souls  ? 

A shop  for  damaged  Manhood’s  skilled  repair? 
Life-saving  station  on  the  shores  of  time 

To  save  Time’s  shipwrecked  sailors  from  despair? 
“Or  is  it  but  a refuse-heap,  that  breeds 

Filth  and  disease  to  threaten  all  mankind  ? 

A furnace  for  the  shreds  of  self-respect? 

A slaughter-house  for  wounded  souls  and  blind?” 


THE  CELL:  A PROBLEM  OF  PRISON  SCIENCE. 


CHARLES  RICHMOND  HENDERSON. 

Journal  of  American  Institute  of  Criminal  Law  and  Criminology. 

May  1911.  Vol.  II— No.  1;  pp.  56-67. 

Pp.  57-58.  “The  picture  drawn  by  Krohne  of  the  primitive  prisons 
applies  with  much  force  especially  to  our  jails  and  lockups: — 
‘Gentle  simple  people  from  the  country  and  low  characters  who 
have  passed  through  all  the  dirt  and  filth  of  a great  city  present  a 
picture  of  degradation.  There  is  contempt  for  the  feeble  direction 
of  the  establishment,  unclean  wit,  obscenity  and  communication  of 
plans  of  former  crimes  or  of  new  ones,  deception  and  trickery  used 
to  blind  the  police  and  the  judge.  The  life  in  many  a jail  is  not  al- 
together monotonous.  Each  new-comer  brings  fresh  news  and  ma- 
terial for  conversation.’  ” 


AN  ENGLISH  VIEW  OF  THE  AMERICAN  PENAL  SYSTEM. 


SIR  EVELYN  RUGGLES-BRISE. 

Journal  of  American  Institute  of  Criminal  Law  and  Criminology. 
September  1911.  Vol.  II— No.  3;  pp.  356-369. 

Pp.  365-366.  “In  these  gaols  it  is  hardly  too  much  to  say  that 
many  of  the  features  linger  which  called  forth  the  wrath  and  in- 
dignation of  the  great  Howard  at  the  end  of  the  eighteenth  century. 
Promiscuity,  unsanitary  conditions,  absence  of  supervision,  idleness 


75 


and  corruption — these  remain  the  features  in  many  places.  Even 
the  ‘fee’  system  is  still  in  vogue.  The  gaolers  are  still  paid  by  fees 
for  the  support  of  prisoners,  and  commitments  to  gaol  are  common 
when  some  other  disposition  of  the  case  would  have  been  imposed 
had  not  the  commitment  yielded  a fee  to  the  sheriff,  who  is  usually 
in  charge  of  the  gaol.  In  many  gaols  there  are  not  facilities  for 
medical  examination  on  reception,  for  ventilation,  for  exercise,  or 
for  bathing.  In  one  gaol  I conversed  with  a man  who  had  been 
twelve  months  awaiting  trial,  at  all  time  in  association  with  ordi- 
nary convicted  prisoners.  In  another  I came  across  a man  held  on 
the  charge  of  murder  who  was  obviously  insane  and  subject  to 
violent  fits.  He  was  kept  in  the  corridor  of  the  gaol,  in  the  sight  of 
all  the  prisoners,  and  as  the  fits  recurred  was  strapped  down  to  a 
bed  in  the  corridor  until  he  recovered.  The  foreign  delegates  were 
amazed  at  this  startling  inconsistency  between  the  management  of 
the  common  gaols  and  that  of  the  state  prisons  and  state  reforma- 
tories. The  evils  to  which  I refer  are  well  known  and  deplored  by 
that  body  of  earnest  and  devoted  men  and  women  in  all  sections  of 
American  society  with  whose  lofty  ideals  on  the  subject  of  prison 
reform  and  generous  aspirations  for  the  humane  treatment  of  the 
prisoner,  the  Washington  Congress  made  us  every  day  familiar,  but 
they  seem  helpless  and  almost  hopeless.  The  political  forces  and 
interests  which  favor  the  retention  of  the  system  cannot  for  the  pre- 
sent be  overcome.  I was  appealed  to  by  leading  men  in  more  than 
one  state,  as  British  representative,  to  publicly  condemn  the  system, 
and  this  I did,  at  a risk  of  giving  considerable  offense.  Until  the 
abuses  of  the  gaol  system  are  removed  it  is  impossible  for  America 
to  have  assigned  to  her  by  general  consent  a place  in  the  vanguard 
of  progress  in  the  domain  of  ‘la  science  penitentiaire’.” 


THE  ABOLITION  OF  THE  COUNTY  JAIL. 


FREDERICK  HOWARD  WINES. 

Conference  of  Charities  and  Corrections. 

Boston,  1911.  pp.  52-56. 

“But  in  plain  Anglo-Saxon,  the  truth  is,  that  wherever  there  ex- 
ists local  graft  and  political  dishonesty,  the  county  prison  is  its 
center  and  its  stronghold.  The  sheriff  or  the  jailor  makes  a personal 
profit  from  crime  by  charging  a per  diem  for  board  for  prisoners, 
and  by  the  receipt  of  fees  for  locking  and  unlocking  the  jail  doors. 
That  profit  is  a live  wire;  no  local  politician,  possibly  no  member 
of  the  legislature,  or  even  of  the  state  administration,  dares  monkey 
with  it.  We  have  addressed  our  arguments  (and  remonstrances) 


to  tlie  county  authorities,  of  whom  there  are  in  round  numbers, 
twenty-five  hundred  sets,  instead  of  to  the  legislative  bodies,  of  which 
there  are  less  than  fifty.  We  have  pleaded  for  new  jails,  better 
jails,  when  we  should  have  insisted  upon  their  replacement  by  pris- 
ons owned  and  controlled  by  the  state,  thus  emancipating  them  from 
local  political  control,  with  its  petty  and  selfish  interests. 

“The  only  hope  of  enlightened  progress  in  dealing  with  the  pro- 
blem of  crime  in  America  is  the  overthrow  of  the  county  jail  system. 
To  this  end  we  must  direct  our  energies.  With  the  state  once  in 
command,  there  can  be  no  question  but  it  will  find  a way  to  right  the 
wrong  and  remedy  the  evils  which  inhere  in  the  present  organization 
and  management  of  minor  prisons.  The  state  has  a wider  out- 
look, and  a deeper  sense  of  responsibility;  it  is  less  directly  in- 
fluenced by  purely  local  considerations,  and  it  possesses  the  power 
which  the  county  lacks.  Five  years  from  now,  we  shall  meet  our 
Eureopean  friends  in  London  to  renew  this  great  debate.  Mean- 
while, they  point  to  us  with  polite  scorne,  and  tell  us  that,  until  we 
change  our  method  of  treatment  of  misdemeanants,  we  have  no  right 
to  arrogate  to  ourselves  the  position  of  leaders  in  the  great  work  of 
prison  reform.  One  of  my  secret  griefs  is  the  shame  I feel,  that  my 
country  has  so  long  tolerated,  and  continues  to  tolerate,  a wrong 
which  disgraces  it  in  the  eyes  of  the  world,  and  which,  unless  it  is 
redressed,  must  sooner  or  later  bring  down  upon  it  the  vengeance 
of  Almighty  God.” 

Report  on  the  Conditions  of  the  County  Prisons  of  Pennsylvania  by 
the  Acting  Committee  of  the  Pennsylvania  Prison  Society.  Oc- 
tober 1914. 

ENORMOUS  COST. 

“Accurate  statistics  of  the  cost  of  maintaining  our  county  jails 
are  unattainable.  After  rummaging  through  the  records  in  sheriff's 
office,  in  the  office  of  the  County  Clerk,  and  of  the  County  Commis- 
sioners, the  Secretary  ascertained  an  approximately  correct  esti- 
mate of  the  cost  of  maintenance.  Quite  often  the  expenses  for  light, 
fuel,  gas,  etc.,  are  so  blended  with  the  same  expenditures  for  the 
Court  House  or  other  county  offices  that  a definite  determination  of 
the  cost  is  impossible.  The  estimate  of  the  Secretary  is  that  the  cost 
of  supporting  our  county  jails  in  1913  was  approximately  $1,000,000. 
The  Board  of  State  Charities  estimated  this  cost  in  1912  to  be  $1,- 
009,000,  hence  the  estimate  of  the  Secretary  is  not  exaggerated.  It 
represents  the  net  cost  of  maintenance,  all  receipts  from  articles 
sold  being  deducted.  This  enormous  expense  entailed  on  the  tax- 
payers of  the  Commonwealth  and  one  which  annually  increases, 
should  receive  careful  consideration.  If  a half  dozen  Industrial 


Farms  could  be  established,  the  Secretary  fully  believes  that  after 
one  year  of  operation  one-half  of  the  expense  of  maintaining  the 
prisons  could  be  saved,  more  than  necessary  to  purchase  and  equip 
the  farms.  With  each  succeeding  year  the  net  cost  of  maintenance 
could  be  diminished,  and  the  time  may  come  when  the  judicious  man- 
agement these  prisons  could  be  made  self-supporting.  In  fact,  to  that 
end  our  efforts  should  be  directed.  Tt  is  not  only  the  waste  of  this 
enormous  amount  of  money,  applied  often  to  the  making  of  criminals, 
that  we  need  to  deplore,  but  also  the  tremendous  waste  of  human 
effort  directly  resulting  from  our  methods  of  dealing  with  those  who 
have  gone  astray.” 

“The  Secretary  does  not  unite  with  those  who  condemn  in  a whole- 
sale manner  the  management  of  our  County  Prisons.  They  are  often 
managed  as  well  as  conditions  will  admit,  and  those  in  charge  fre- 
quently realize  the  deficiencies  of  these  institutions.  Very  many  of- 
ficals  have  assented  to  the  proposition  that  the  Union  of  several 
counties  in  the  establishment  of  a penal  institution  on  some  farm 
would  help  to  solve  the  problem. 

“But  the  conditions  now  obtaining  at  the  county  prisons,  for 
which  we,  the  people,  are  responsible,  are  greatly  to  be  deplored. 
These  conditions  are  utterly  unworthy  of  the  enlightened  ideals  of 
the  twentieth  century. 

“This  great  Commonwealth  will  doubtless  in  the  near  future  effect 
such  changes  in  our  penal  methods  as  will  tend  to  diminish  the 
economic  waste  of  time  and  expenditure,  and  Avill  give  these  wards 
of  ours,  for  whom  society  must  assume  large  responsibility,  the  op- 
portunities for  reformation  which  is  our  ultimate  aim,  and  thus  in 
good  measure  arrest  the  growth  of  criminality,  which,  under  our 
present  system,  meets  with  so  much  to  encourage  its  development.” 


IOWA’S  NEW  CUSTODIAL  FARM  SYSTEM  STARTING. 

THE  DELINQUENT. 

December,  1914.  Yol  4,  No.  12,  p.  7. 

V 

“A  contract  to  buy  800  acres  located  in  Polk  county  has  been 
signed  by  the  State  of  Iowa,  says  the  Des  Moines  Register  and 
Leader.  The  land  will  be  used  for  the  largest  of  the  five  custodial 
farms'  authorized  by  the  last  legislature  to  care  for  the  first  and 
short  term  prisoners  of  the  State. 

“The  tract  lies  along  the  north  side  of  Fonda  branch  of  the  Rock 
Island  railroad,  and  it  is  about  a mile  west  of  Clive  station.  The 
state  will  pay  an  even  $200  an  acre  for  the  land,  and  it  will  take  ex- 
actly 728  acres.  The  purchase  price  thus  is  $156,400.  Buildings  es- 


7b 


timated  to  be  worth  $60,000  become  the  property  of  the  State  by  the 
transfer. 

“The  law  under  which  the  purchase  was  made  provides  for  but 
one  farm  of  the  sort,  and  it  is  to  be  used  for  the  incarceration  of 
jail  prisoners,  Attorney  General  Cosson  says. 

“The  coming  legislature  will  be  asked  to  authorize  the  purchase 
of  four  custodial  farms,  one  in  each  corner  of  the  State.  When  this 
system  is  working  the  attorney  general  would,  so  far  as  possible, 
abolish  the  jails,  make  the  minimum  sentence  for  a misdemeanor 
thirty  days,  and  send  offenders  to  the  custodial  farms  to  work  out 
their  sentences. 

“The  board  of  control  needs  only  authorization  by  the  legislature 
to  install  State  prisoners  on  the  tract,  build  a brick  plant  there,  and 
manufacture  enough  brick  to  supply  all  the  State’s  official  wants. 
The  land  purchased  contains  a heavy  deposit  of  shale  which  experts 
have  declared  is  excellent  for  brick-making  purposes.  It  is  con- 
sidered likely  that  a brick  plant  will  be  established  first — probably 
next  spring,  and  that  the  rest  of  the  buildings  will  come  some  time 
later.  It  is  not  likely  that  the  legislature  will  be  asked  to  authorize 
the  use  of  prisoners  in  making  brick  there  during  the  coming  sum- 
mer. 

“When  the  custodial  farm  is  in  complete  operation  it  will  be  able 
to  care  for  several  hundred  prisoners,  providing  outdoor  work  for 
them  and  clean,  healthful  living  quarters.  It  is  the  State’s  plan  to 
farm  the  tract,  just  as  any  other  land  is  farmed,  using  the  prisoners 
committed  to  its  warden  to  do  the  farm  work. 

“The  establishment  of  the  custodial  farm  system  undoubtedly  will 
mean  the  abolishment  of  jails  quite  generally  in  Iowa.  It  is  con- 
sidered altogether  probable  that  as  soon  as  the  Polk  county  farm  is 
in  smooth  running  order  Des  Moines  will  be  glad  to  abandon  its 
present  jail  except  for  holding  prisoners  until  the  next  session  of 
police  court,  utilize  the  custodial  farm  for  serving  of  sentences  and 
go  over  to  the  thirty-day  minimum  system  advocated  by  the  attorney 
general.” 


PRISONERS’  WAGES— STATE  INSTITUTIONS. 

In  compiling  the  table  on  prisoners’  wages,  three  sources  of  in- 
formation were  used.  The  most  important  source  and  the  one  sup- 
plying the  most  of  the  details  was  Senate  Document,  No.  494,  63d 
Congress,  2d  Session,  containing  the  federal  and  state  laws  relating 
to  convict  labor.  A questionaire  was  also  sent  to  the  prison  author- 
ities in  the  different  states  and  in  most  cases  an  answer  was  re- 


79 


ceived  with  the  desired  information.  In  addition  a number  of  re- 
ports published  by  state  boards  of  control,  state  boards  of  correc- 
tions and  charities,  wardens  of  penitentiaries,  and  other  prison  of- 
ficials were  secured.  In  case  of  any  disagreement  of  these  three 
sources  on  points  in  the  table,  note  of  the  disagreement  has  been 
made. 

All  the  states  and  four  possessions  of  the  United  States — Alaska, 
Hawaii,  Philippine  Islands,  and  Porto  Pico — were  investigated.  Of 
this  number,  thirty-four  states  and  one  possession,  Porto  Rico,  were 
found  to  provide  some  sort  of  compensation  for  prisoners  in  insti- 
tutions under  state  control.  Several  cases  w^ere  found  where  the 
law  provides  for  the  payment  of  wrages,  but  according  to  letters 
from  prison  authorities  of  those  states  the  law  is  not  enforced.  The 
laws  given  in  the  table  for  Kentucky  and  Texas  have  been  declared 
unconstitutional  by  the  courts.  Wherever  the  law  and  the  actual 
practice  in  the  states  are  not  the  same  at  the  present  time,  atten- 
tion has  been  called  to  the  fact  in  the  notes  attached  to  the  table. 

In  what  Institutions  Paid  or  for  what  Work:  In  seven  of  the 
states,  wages  are  paid  only  for  overwork  or  for  work  accom- 
plished in  addition  to  the  regular  daily  task.  In  three  states 
and  Porto  Rico  wages  are  paid  only  to  prisoners  engaged  in 
work  on  the  public  roads.  In  one  state,  only  prisoners  working  on 
public  account  are  paid  wages,  and  in  another  only  those  working  in 
the  manufacturing  department.  Missouri  pays  prisoners  both  for 
their  regular  daily  task  and  for  overwork.  The  sum  paid  the  pris- 
oners in  Vermont  is  not  really  a wage  as  it  is  only  paid  as  a reward 
for  especially  good  work.  In  New  Mexico,  only  prisoners  with 
families  dependent  on  them  for  support  receive  any  compensation. 

In  most  of  those  states  where  provision  is  made  for  the  payment 
of  wages  to  prisoners,  the  wages  are  paid  both  in  the  penitentiary 
and  in  the  reformatory  where  one  exists.  In  California,  and  in 
Washington  with  the  exception  of  road  work,  as  nearly  as  could  be 
determined  from  the  law,  wages  are  paid  only  in  the  reformatories. 

By  Whom  the  Wage  System  is  Administered:  The  payment 
of  wages  to  prisoners  is  left  entirely  in  the  hands  of  the  boards 
controlling  the  penal  institutions  in  fifteen  of  the  states.  These 
boards  are  given  different  names  in  different  states.  Some  of 
them  control  only  one  institution  while  other  control  all  the  penal 
institutions  of  that  particular  state.  In  Colorado,  Illinois,  New 
York,  North  Dakota,  and  Oregon,  the  wardens  or  superintendents  of 
the  penitentiaries  determine  what  wages  shall  be  paid.  In  Kansas, 
Michigan,  Minnesota,  Nebraska,  Nevada,  Pennsylvania,  South 
Dakota,  and  Virginia  the  wardens  or  superintendents  and  the  boards 


80 


of  control  act  together  on  the  question.  In  Florida,  the  lessee  of 
the  prisoners  has  final  authority.  In  Idaho,  the  State  Highway  com- 
mission is  required  to  decide  on  the  wages,  as  only  those  prisoners 
receive  wages  who  are  employed  on  the  state  highway.  In  Missouri, 
where  the  prisoners  are  paid  both  for  their  regular  task  and  for 
overwork,  the  contractor  fixes  the  * compensation  for  overwork,  the 
officers  of  the  penitentiary  for  the  regular  task.  In  New  Hamp- 
shire, the  governor  and  council  determine  the  wage.  In  the  case  of 
Porto  Rico,  West  Virginia,  Connecticut,  and  Wyoming  it  was  im- 
possible with  the  available  material  to  find  who  determined  the 
wages  to  be  paid  to  prisoners. 

Amount  of  Wages:  In  most  states  the  amount  of  wages  to  be  paid 
the  prisoners  is  left  to  the  discretion  of  some  controlling  board.  For 
this  reason  it  is  difficult  to  find  the  exact  amount  paid.  There  seems  to 
be  very  little  uniformity  in  the  wage-scale  of  the  different  states. 

In  Idaho,  Missouri,  Nevada,  New  Mexico,  Oregon,  Porto  Rico,  and 
Texas,  the  amount  to  be  paid  is  fixed  by  law.  The  Idaho  prisoner  is 
paid  fifty  cents  for  every  day  that  he  is  employed  on  the  state  high- 
ways. In  Missouri  the  prisoner  is  allowed  five  per  cent  of  his  daily 
earnings.  The  law  provides  that  ten  cents  per  day  shall  be  paid  in 
Nevada,  but  at  the  present  time  the  prisoners  receive  twenty-five 
cents  per  day.  In  the  construction  of  a road  recently  in  Washoe 
County,  Nevada,  arrangements  were  made  with  the  county  officials 
to  pay  the  prisoners  an  additional  seventy-five  cents  per  day,  making 
the  total  daily  wage  of  each  prisoner  one  dollar.  In  New  Mexico 
the  law  provides  that  the  net  earnings  of  the  prisoner  shall  be  turned 
over  to  his  family  if  it  is  necessary  for  their  support.  The  state  of 
Oregon  makes  the  payment  on  a basis  of  merit  and  fifty  cents  is  paid 
for  each  merit  mark  received  by  the  prisoner.  The  Porto  Rico  law 
fixes  the  wage  at  five  cents  per  day,  and  the  Texas  law  at  ten  cents 
per  day  with  ten  cents  per  hour  for  all  overtime. 

The  wage  is  left  to  the  discretion  of  the  board  of  control  of  penal 
institutions  in  Alabama,  California,  Iowa,  Minnesota,  New  Hamp- 
shire, New  Jersey,  Ohio,  Oklahoma,  Pennsylvania,  South  Dakota, 
Vermont,  Virginia,  and  Wisconsin.  The  wages  paid  in  Minnesota 
at  the  present  time  are  nine  to  fifteen  cents  per  day  and  in  a few 
cases  forty  to  fifty  cents;  in  South  Dakota,  five  to  twenty-five  cents 
per  day.  The  prisoners  are  divided  into  three  classes  in  Ohio,  class 
one  receiving  one  cent  per  hour;  class  two,  two  cents;  and  class 
three,  three  cents. 

Other  states  fix  by  law  a certain  maximum  for  prisoners’  wages; 
or  a maximum  and  minimum,  and  leave  the  determining  of  the  wages 
of  the  individual  prisoner  to  the  board  of  control.  This  is  the  case 


SI 


in  Colorado,  Illinois,  Kansas,  Kentucky,  Michigan,  Nebraska,  New 
York,  North  Dakota,  Khode  Island,  Utah,  and  Washington.  In 
Colorado,  Illinois,  Michigan,  and  New  York  the  maximum  is  ten 
per  cent  of  the  earnings  of  the  institution.  The  wages  paid  in  Kan- 
sas and  North  Dakota  are  between  ten  and  twenty-five  cents  per 
day.  In  still  other  states  the  prisoner  is  given  a certain  per  cent 
of  his  earnings  as  a maximum,  varying  from  ten  per  cent  in  Rhode 
Island  to  thirty-three  and  one  third  per  cent  in  Nebraska.  Utah 
has  a different  rate  for  married  and  unmarried  prisoners,  and  mar- 
ried men  receiving  twenty-five  per  cent  of  their  earnings  as  a max- 
imum and  the  unmarried  men  only  ten  per  cent. 

The  sum  paid  to  the  prisoners  in  Connecticut  is  a bonus  for  extra 
work  and  is  fixed  on  this  basis.  In  Florida,  the  prisoner  bargains 
directly  with  the  lessee  of  his  labor  for  compensation  for  overwork, 
so  that  the  rate  might  be  different  for  each  prisoner. 

From  what  Source  Derived:  In  the  case  of  California,  Nevada,  New 
Jersey,  North  Dakota,  Oklahoma,  Oregon,  Porto  Rico,  Rhode  Island, 
Virginia,  West  Virginia,  and  Wyoming,  it  was  impossible  to  find  from 
the  materials  available  from  what  source  the  earnings  of  the  prisoners 
were  derived.  In  the  states  of  Colorado,  Illinois,  Michigan,  New 
York,  Ohio,  and  Texas,  the  wages  are  drawn  from  the  earnings  of 
the  institution.  In  Iowa,  Kentucky,  Missouri,  Nebraska,  New  Mex- 
ico, South  Dakota,  Utah,  Washington,  and  Alabama,  the  wages  are 
paid  from  the  fund  the  convict  actually  earns  for  the  state.  In 
Idaho,  where  the  only  work  engaged  in  is  road  work,  the  wages  are 
paid  from  the  state  highway  fund.  In  Florida  where  the  lease  sys- 
tem prevails,  the  lessee  is  required  to  pay  the  wages.  For  overwork 
on  contract  in  Missouri,  the  contractor  pays  the  wages.  The  wages 
are  paid  from  the  general  funds  of  the  institution  in  Kansas,  New 
Hampshire,  Pennsylvania,  Texas  (overtime),  and  Vermont.  When 
the  prisoner  is  employed  on  state  account  in  Minnesota  and  Wis- 
consin, he  too,  receives  his  wages  from  the  general  funds  of  the  in- 
stitution ; if  he  is  employed  under  the  contract  system,  the  wages  are 
paid  by  the  contractor. 

By  what  Determined:  The  tendency  seems  to  be  to  base  the  amount 
of  wages  paid  on  the  character  of  the  prisoner,  his  conduct  and  atti- 
tude toward  his  work.  In  Colorado,  Connecticut,  Illinois,  Kentucky, 
Minnesota,  Missouri,  Nebraska,  New  York,  North  Dakota,  Ohio, 
Oregon,  Porto  Rico,  South  Dakota,  Texas,  Utah,  Washington,  and 
Wisconsin,  the  authorities  take  into  consideration  the  conduct  of  the 
prisoners  and  his  general  deportment  in  fixing  the  amount  of  wages 
he  is  to  receive.  In  Colorado,  Illinois,  Kansas,  Missouri,  New  York, 


6 


North  Dakota,  Texas,  Vermont,  and  Wisconsin  the  value  of  the  work 
done  is  also  considered.  The  nature  of  the  crime  for  which  the  pris- 
oner has  been  convicted  is  one  of  the  factors  entering  into  the  determ- 
ining of  the  amount  of  wages  to  be  paid  in  Kentucky,  Nebraska,  Ohio, 
South  Dakota,  and  Washington.  In  New  Mexico  and  South  Dakota, 
the  financial  condition  of  the  prisoner’s  family  is  taken  into  considera- 
tion. In  Pennsylvania,  Idaho,  and  Iowa,  there  are  no  individual  dif- 
ferences. The  wage  differs  for  married  and  unmarried  prisoners  in 
Utah,  the  married  prisoners  receiving  a larger  percentage  of  their 
net  earnings  than  the  unmarried  prisoners.  The  wages  paid  in  Ver- 
mont are  merely  a reward  for  especially  good  work.  In  Florida, 
Michigan,  Oklahoma,  Virginia,  West  Virginia,  Wyoming,  and  Ala- 
bama, wages  are  allowed  only  for  work  accomplished  in  addition  to 
regular  daily  tasks.  In  these  states  the  amount  paid  is  determined 
by  the  amount  of  overwork  done.  The  laws  of  California,  New 
Hampshire,  New  Jersey,  and  Rhode  Island,  that  are  available,  do 
not  specify  what  determines  the  wages  of  prisoners.  In  Nevada,  the 
amount  paid  is  fixed  by  the  state  law. 

To  whom  paid:  In  the  majority  of  states,  provision  is  made  by  law 
for  the  payment  of  the  earnnigs  either  to  the  prisoner  or  to  his  depend- 
ents if  he  has  any.  Such  is  the  case  in  Colorado,  Connecticut,  Idaho, 
Illinois,  Iowa,  Kansas,  Kentucky,  Minnesota,  Missouri,  Nebraska, 
Nevada,  New  Hampshire,  New  Jersey,  New  York,  North  Dakota,  Ohio, 
Pennsylvania,  Rhode  Island,  South  Dakota,  Texas,  Utah,  Virginia, 
Washington,  West  Virginia,  and  Wisconsin.  In  all  these  states,  the 
prison  boards  or  the  wardens  have  control  over  the  disbursements, 
whether  to  dependents  or  for  the  prisoner’s  own  use.  In  California, 
Florida,  Michigan,. Oklahoma,  Oregon,  Porto  Rico,  Vermont,  and  Wy- 
oming, the  law  seems  to  provide  only  for  the  payment  of  the  earnings 
directly  to  the  prisoner  himself.  In  New  Mexico,  all  the  earnings 
are  sent  to  the  family  of  the  prisoner  if  they  are  dependent  on  him 
for  support.  If  a prisoner  has  no  dependents,  no  wages  are  credited 
to  him. 

Several  states  require  that  a certain  minimum  shall  be  allowed  to 
accumulate  to  be  paid  to  the  prisoner  at  the  time  he  is  released  from 
prison.  This  minimum  is  twenty-five  per  cent  in  Kentucky  and 
Washington,  ten  per  cent  in  Ohio,  fifteen  dollars  in  Missouri  and 
fifty  dollars  in  North  Dakota.  In  Illinois,  Kansas,  Missouri,  New 
York,  South  Dakota,  Virginia,  and  Wisconsin,  the  prisoners  are  al- 
lowed to  use  a portion  of  their  earnings  for  the  purchase  of  books, 
instruments,  and  small  necessities  as  approved  by  the  warden  or 
board  of  control.  The  law  passed  in  April  1914  in  New  Jersey  pro- 


83 


vides  that  part  of  the  earnings  due  a prisoner  shall  be  used  to  pay 
for  the  cost  of  his  trial.  In  all  the  states,  with  the  exception  of 
Nebraska,  the  entire  amount  credited  to  a prisoner  is  paid  to  him  at 
the  time  of  his  discharge.  In  Nebraska,  in  case  a prisoner  has  no 
dependents,  his  earnings  are  invested  for  him  and  paid  to  him,  one 
third  on  discharge,  one  third  in  three  months,  and  one  third  in  six 
months.  When,  a prisoner  is  released  on  parole  in  Colorado 
Illinois,  and  New  York,  he  is  allowed  to  draw  on  the  fund  due  him 
for  such  sums  and  at  such  times  as  the  warden  or  board  of  control 
may  approve.  Ohio  provides  for  the  payment  of  half  of  the  accumu- 
lated earnings  when  the  prisoner  is  paroled  and  the  other  half  when 
he  receives  his  absolute  discharge,  but  if  he  can  show  that  for  some 
good  reason  he  is  unable  to  support  himself  during  his  parole,  the 
entire  amount  may  be  paid  to  him. 


84 


PRISONERS’  WAGES— 


State. 

By  what  Institution 
Paid  or  for  what 
Work  ? 

By  Whom  the  Wage 
System  is  Adminis- 
tered? 

Amount  of  Wages? 

1 

Alabama. 

State  Penitentiary. 
State  Reformatory. 

In  prison  camps,  for 
over-work  only. 

Board  of  Inspectors. 

2 

California. 

State  Reformatory. 

Board  of  Prison  Di- 
rectors. 

Proportion  of  earnings 
above  cost  of  main- 
tenance. 

3 

Colorado,  (1). 

State  Penitentiary. 
State  Reformatory. 

Wardens  of  State  Pen- 
itentiary and  State 
Reformatory. 

Total  amount  allowed 
to  convicts  not  to  ex- 
ceed 10  per  cent  of 
earnings  of  institu- 
tions. 

4 

Connecticut. 

Bonus  for  extra  work. 

5 

Florida. 

State  Penitentiary. 

Lessee  of  prisoner. 

Rasis  agreed  upon  by 
prisoners  and  lessee. 

6 

Idaho. 

State  Penitentiary,  for 
road  work  only. 

State  Highway  Com- 
mission. 

50  cents  per  day  for 
actual  time  employed 
on  state  highways. 

7 

Illinois. 

State  Penitentiary. 
Southern  Illinois  Peni- 
tentiary. 

Illinois  State  Reforma- 
tory. 

Wardens  of  Peniten- 
tiary. Superintendent 
of  Reformatory. 

Total  amount  allowed 
to  convicts  not  to  ex- 
ceed 10  per  cent  of 
earnings  of  institu- 
tions. 

8 

Iowa,  (2). 

State  Penitentiary. 
State  Reformatory. 

For  road  work  only. 

Board  of  Control. 

Portion  of  earnings 
above  cost  of  main- 
tenance. 

9 

Kansas. 

State  Penitentiary. 
State  Reformatory. 

Superintendent  or 
Board  of  Directors. 

10  to  25  cents  per  day. 

(1)  This  is  the  law,  luit  in  reply  to  ouestionaire,  secretary  of  Colorado  Prison  Association  de- 
clares prisoners  are  not  paid  in  either  state  or  county  institutions. 

(2)  Letter  from  F.  S.  Treat,  Secretary  of  Iowa  Roard  of  Control  of  State  Institutions,  does  not 
mention  compensation  of  prisoners  for  work  on  roads. 


85 


STATE  INSTITUTIONS. 


From  what  Source 
Derived? 

By  what  Determined? 

To  Whom  Paid? 

Earnings  of  convicts. 

Amount  of  work  accomplished  over 
regular  daily  task. 

Disposed  of  as  Board  of  Inspectors 
provide  by  rule. 

Prisoners. 

Earnings  of  institu- 
tion. 

Pecuniary  value  of  work  performed, 
willingness,  industry,  and  good 
conduct  of  prisoner.  In  case  con- 
vict forfeits  good  time  for  mis- 
conduct, not  more  than  50  cents 
for  each  day  of  good  time  for- 
feited may  be  deducted  from  com- 
pensation. Fines  deducted  from 
amount  standing  to  credit  of 
prisoner. 

Prisoner  with  approval  of  warden 
for  support  of  dependents,  or, 
without  consent  of  prisoner,  on  ap- 
proval of  State  Commission  on 
Penal  Labor  for  support  of  such 
dependents.  Balance  due  prisoner 
at  time  of  conditional  release  sub- 
ject to  drafts  by  prisoner  in  such 
sums  as  warden  may  approve.  On 
absolute  discharge,  prisoner  may 
draw  entire  sum. 

Willingness  and  ability  of  prisoner. 

Placed  to  credit  of  prisoner  to  be 
sent  to  family,  if  any,  or  given 
to  prisoner  on  discharge. 

Lessee. 

Extra  work  performed  by  prisoner 
for  lessee. 

Prisoner;  left  with  warden  of  camp 
subject  to  order  of  the  prisoner. 

State  Highway  fund. 

Time  employed  on  state  highways. 

Prisoner  or  his  dependents. 

Earnings  of  peniten- 
tiary or  reforma- 
tory. 

Pecuniary  value  of  work  performed; 
willingness,  industry,  and  good 
conduct  of  prisoner.  In  case 
prisoner  forfeits  good  time  for 
misconduct,  not  more  than  50 
cents  for  each  day  of  good  time 
forfeited  may  be  deducted  from 
compensation. 

Prisoner,  with  approval  of  Board  of 
Prison  Industries,  for  disbursement 
by  warden  or  superintendent,  to 
aid  family  of  prisoner,  or  for 
books,  instruments,  and  instruc- 
tion. May  with  the  approval  of 
warden  or  superintendent  be  so 
disbursed  without  consent  of  pris- 
oner. Balance  due  prisoner  at 
time  of  conditional  release  subject 
to  drafts  by  prisoner  in  such  sums 
and  at  such  times  as  Board  of 
Prison  Industries  may  approve.  On 
absolute  discharge,  prisoner  may 
draw  entire  sum.  May  bequeath 
by  will  sum  due  him  at  time  of 
death. 

Earnings  of  convicts 
on  state  roads. 

Amount  earned  by  convict  on  state 
roads. 

Prisoner  or  forwarded  by  Board  of 
Control  to  family  or  person  depend- 
ent on  prisoner  for  support. 

General  funds  of  pen- 
itentiary or  reform- 
atory. 

Quality  and  value  of  work  of 
prisoner. 

Placed  to  credit  of  prisoner  and  for- 
warded at  the  end  of  each  month 
to  family  or  dependents  of  pris- 
oner. If  there  are  no  dependents, 
fund  accumulates  to  credit  of 
prisoner.  Portion  used  for  pur- 
chase of  citizens  clothes  at  end  of 
sentence.  Remainder  turned  over 
to  prisoner  at  discharge.  Small 
necessities  may  be  purchased  dur 
ing  term. 

86 


PRISONERS’  WAGES— 


State. 

By  what  Institution 
Paid  or  for  what 
Work? 

By  Whom  the  Wage 
System  is  Adminis- 
tered? 

Amount  of  Wages? 

Kentucky,  (3). 

State  Penitentiary. 
State  Reformatory. 

Board  of  Prison  Com- 
missioners. 

Not  to  exceed  20  per 
cent  of  prisoner’s  pro- 
portion of  average  per 
capita  earnings. 

Michigan. 

Jackson  State  Prison. 
Marquette  State  Prison. 
Only  to  prisoners  en- 
gaged in  manufactur- 
ing on  public  account. 

Boards  of  Control  and 
Wardens  of  Prisons. 

Not  to  exceed  one 
tenth  of  profits  of  in- 
stitution realized  in 
actual  collections  for 
quarter. 

Minnesota,  (4). 

State  Prison. 

State  Reformatory. 

Board  of  control  after 
consultation  with 
warden. 

9 to  15  cents  per  day. 
Few  cases  40  to  50 
cents  per  day. 

Missouri. 

State  Penitentiary. 
Wage  paid  for: 

a.  Regular  task. 

b.  Overwork. 

a.  Officers  of  peniten- 
tiary or  warden  for 
regular  task. 

b.  Contractor  for  over- 
work. 

a.  5 per  cent  of  daily 
earnings  for  peniten- 
tiary if  prisoner  is 
under  contract  wage 
if  he  works  directly 
for  state. 

b.  In  cases  of  over- 
work, not  less  than 
amount  paid  to  state 
by  contractor. 

Nebraska. 

State  Penitentiary. 
State  Reformatory. 

Warden  of  Peniten- 
tiary. Board  of  Com- 
missioners. 

Not  to  exceed  one  third 
of  earnings.  Not  to 
exceed  75  cents  per 
day  in  building  State 
Reformatory. 

Nevada. 

State  Prison,  for  road 
work  only. 

Board  of  Prison  Com- 
missioners and  War- 
den. 

10  cents  per  day;  25 
cents  at  present. 

New  Hampshire, 
(5). 

State  Prison. 

Governor  and  Council. 

Decided  by  governor 
and  council. 

(3)  The  act  of  the  legislature  allowing  certain  money  for  saving  fund  was  put  into  operation 
by  the  present  Board  of  Penitentiary  Commissioners,  but  was  declared  unconstitutional  by  the 
Kentucky  Court  of  Appeals.  E.  H.  Ray,  Secretary  of  Prison  Commissioners  in  letter  of  October 
21,  1914. 

(4)  Provision  made  by  law  for  compensation  to  families  of  prisoners.  In  a great  many  cases, 
in  addition  to  what  prisoner  earns,  there  is  a monthly  grant  paid  to  certain  families.  Each  case 
is  decided  on  its  individual  merits. 

(5)  This  is  the  law,  but  according  to  letter  from  New  Hampshire  state  officials,  it  is  not  in  force 
at  present.  Law  also  provides  for  assistance  to  dependents  of  prisoners  from  same  fund,  regulated 
by  governor  to  council. 


87 


STATE  INSTITUTIONS— Continued. 


From  what  Source 
Derived? 

By  what  Determined? 

To  Whom  Paid  ? 

Earnings  of  prisoner. 

Character  of  prisoner,  nature  of 
crime,  general  deportment  of 
prisoner. 

Prisoner  or  family.  25  per  cent 
left  and  paid  to  prisoner  at  time 
of  discharge. 

Profits  of  institution. 

Amount  done  in  addition  to  or  be- 
yond task  fixed  by  prison  rules. 

Prisoner ; warden  is  the  custodian 
of  funds  due  each  prisoner. 

Fund  provided  for 
carrying  on  work, 
when  prisoner  is 
employed  on  State 
Account;  Contract- 
or when  prisoner  is 
employed  under  con- 
tract. 

Superior  skill,  industry,  willing- 
ness to  learn,  general  attitude  to- 
ward work. 

Remains  under  control  of  State 
Board  of  Control  to  be  used  for 
prisoner  or  dependents  as  Board 
may  prescribe. 

a.  Regular  task-earn- 
ings of  prisoner. 

b.  Overwork  - Con- 
tractor. 

Quality  of  work,  conduct  of  pris- 
oner. Wages  for  overwork  de- 
termined by  amount  of  work  done 
over  assigned  daily  task. 

Regular  task — Not  less  than  $15  al- 
lowed to  accumulate  for  use  of 
prisoner  after  release.  Residue  of 
earnings  of  each  prisoner  set 
aside  for  support  of  dependents. 
Over-work— Prisoner  with  consent 
of  warden  for  purchase  of  books, 
papers,  magazines,  or  for  use  of 
dependents. 

Earnings  of  prisoner. 

Character  and  general  deportment 
of  prisoner,  nature  of  crime. 

Credited  to  prisoner  and  paid  out  on 
his  order  or  paid  to  family  on 
order  or  warden,  or  paid  to  pris- 
oner only  on  his  discharge.  In 
case  prisoner  has  no  dependents, 
fund  invested  for  his  benefit  and 
paid  to  him,  one  third  on  dis- 
charge, one  third  in  three  months, 
and  one  third  in  six  months. 

Amount  determined  by  law. 



Prisoner  at  end  of  term,  or  at  time 
of  pardon  or  parole  in  addition  to 
sum  ordinarily  given  convicts.  De- 
pendents of  prisoner  on  petition  of 
prisoner  to  Board. 

Money  available  for 
current  running  ex- 
penses of  State 

Prison. 

Remains  under  control  of  governor 
and  council  to  be  used  for  benefit 
or  prisoner  or  dependents. 

PRISONERS’  WAGES— 


State. 

By  what  Institution 
Paid  or  for  what 
Work? 

By  Whom  the  Wage 
System  is  Adminis- 
tered ? 

Amount  of  Wages? 

17 

New  Jersey,  (6). 

State  Prison. 

State  Reformatory. 

Board  of  Inspectors  of 
State  Prison.  Board 
of  Commissioners  of 
Reformatory.  Ap- 

proval of  Commis- 
sioner of  Charities 
necessary  under  law 
of  1911. 

l 

New  law.  Not  yet  de- 
termined. Law  of 

1911,  not  to  exceed  50 
cents  per  day;  total 
expenditures  for  relief 
not  to  exceed  in  one 
year  5 per  cent  of 
value  of  goods  manu- 
factured by  institu- 
tion. 

IS 

New  Mexico,  (7). 

State  Penitentiary. 
State  Reformatory. 

Board  of  Penitentiary 
Commissioners. 

Net  earnings  of  pris- 
oner paid  to  depend- 
ent family  if  neces- 
sary for  their  support. 

19 

New  York. 

State  Prisons. 
Reformatories. 
Penitentaries. 

Wardens  or  superin- 
tendents of  institu- 
tions. 

Not  to  exceed  10  per 
cent  of  earnings  of 
institution.  About  1 1 
cents  per  day  al 
present. 

20 

North  Dakota. 

State  Penitentiary. 

Warden  of  Peniten- 
tiary. 

10  to  25  cents  per  day. 

21 

Ohio. 

Penitentary. 

State  Reformatory. 

State  Board  of  Admin- 
istration. 

Prisoners  divided  into 
three  classes.  Class  1 
receives  1 cent  per 
hour;  class  2,  2 cents 
class  3,  3 cents. 

Amount  paid  not  to 
exceed  difference  be- 
tween cost  of  main- 
taining prisoner  and 
reasonable  value  of 
his  labor.  All  or  part 
may  be  cancelled  by 
Board  for  violation  of 
rules. 

22 

Oklahoma. 

State  Penitentiary. 
State  Reformatory. 

Board  of  Prison  Con- 
trol. 

Reasonable  compensa- 
tion for  overwork 
only. 

23 

Oregon. 

State  Penitentiary. 

Superintendent  of  Pen- 
itentiary. 

50  cents  for  each  merit 
mark  received,  sub- 
ject to  a forfeiture  of 
cost  price  of  tools  and 
materials  injured  or 
wasted  through  care- 
lessness. 

(6)  In  April,  1914,  a law  was  passed  in  New  Jersey,  amending  law  of  1911  and  requiring  Board 
of  Managers  of  Prison  and  Reformatory  to  establish  wage  systaem  for  payment  of  all  prisoners. 
Amount  to  be  paid  has  not  yet  been  decided.  Main  provisions  of  new  law  are  given  above. 

(7)  This  provision  is  in  Article  XX,  Section  15,  of  the  New  Mexico  State  Constitution  but  accord- 
ing to  letter  from  the  Superintendent  of  the  State  Penitentiary,  John  B.  McManus,  dated  Sept. 
17,  1914,  wages  are  not  paid  to  prisoners. 


89 


STATE  INSTITUTIONS— Continued. 


From  what  Source 
Derived? 

By  what  Determined  ? 

To  Whom  Paid? 

New  law;  dependents,  prisoner  after 
release  on  parole,  cost  of  trial  in 
an  amount  not  to  exceed  $25. 

Law  of  1911,  dependents. 

Earnings  of  prisoner. 

Financial  condition  of  family. 

Dependent  family. 

Earnings  of  institu- 
tion. 

Pecuniary  value  of  work,  willing- 
ness, industry,  and  good  conduct 
of  prisoner.  Profits  of  manufac- 
turing departments. 

Credited  to  prisoner.  On  approval 
of  Superintendent  of  State  Prisons, 
disbursed  to  aid  dependents  or  for 
such  other  purposes  as  Superintend- 
ent may  approve.  Upon  condi- 
tional release  of  prisoner  as  ap- 
proval by  Superintendent  of  State 
Prisons.  Upon  absolute  discharge, 
whole  amount  subject  to  draft  by 
prisoner  at  his  pleasure. 

Amount  of  work  performed,  effici- 
ency and  conduct  of  prisoner. 

Placed  to  credit  of  prisoner;  sent 
monthly  to  anyone  who  may  be 
dependent  upon  him  for  support. 
$50  allowed  to  accumulate  to  be 
given  to  prisoner  at  end  of  term 
or  when  he  is  discharged. 

Manufacturing  fund, 
provided  by  appro- 
priation and  by  re- 
ceipts from  sale  of 
manufactured  ar- 

ticles. 

Character  and  general  department 
of  prisoner,  nature  of  crime. 

Not  to  exceed  90  per  cent  paid  each 
month  to  dependents  of  prisoner. 
Remaining  10  per  cent  paid  to 
prisoner  at  time  of  discharge.  In 
case  prisoner  has  no  dependents, 
one  half  of  amount  credited  to  him 
paid  at  time  of  release  on  parole, 
balance  at  time  of  final  release. 
Part  or  whole  of  balance  may  be 
paid  before  final  release  if  satis- 
factory evidence  is  presented  io 
warden  or  superintendent  showing 
that  prisoner  was,  for  good  rea- 
son, unable  to  support  himself  dur- 
ing parole. 

Work  performed  after  prisoner  has 
completed  daily  task. 

Prisoners. 

Conduct  of  prisoner. 

Prisoners. 

PRISONERS’  WAGES— 


State. 

By  what  Institution 
Paid  or  for  what 
Work? 

By  Whom  the  Wage 
System  is  Adminis- 
tered? 

Amount  of  wages? 

Pennsylvania,  (8). 

Eastern  Penitentiary, 
only  in  manufactur- 
ing department. 

Authorities  of  insti- 
tution—Board  of  In- 
spectors. 

Earnings  after  board, 
lodging  and  clothing, 
and  cost  of  trial  have 
been  deducted.  Paid 
quarterly.  Authorit- 
ies fix  amount  of 
earnings. 

Porto  Rico. 

Insular  Penitentiary, 
for  work  on  public 
roads. 

• 

5 cents  per  day. 

Rhode  Island,  (9). 

State  Prison. 

Board  of  Charities  and 
Corrections. 

Minimum— $5  at  time 
of  discharge. 

Maximum— One  tenth  of 
actual  earnings  of 
prisoner  during  con- 
finement. 

South  Dakota. 

State  Penitentiary. 

Board  of  Charities  and 
Corrections.  War- 

den of  Penitentiary. 

At  present,  5 to  25 
cents  per  day  and  for 
overtime. 

Texas,  (10). 

State  Penitentiary. 

Board  of  Prison  Com- 
missioners. 

‘ 

10  cents  per  day,  $1  per 
day  for  Sundays,  10 
cents  per  hour  for  all 
overtime. 

Utah.  (11). 

State  Prison. 

Board  of  Corrections. 

Unmarried  prisoners  or 
prisoners  with  fami- 
lies outside  of  state 
not  to  exceed  10  per 
cent  of  net  earnings. 

Married  prisoners,  if 
families  live  within 
state  and  are  depend- 
ent, not  to  exceed  25 
per  cent  of  net  earn- 
ings. 

Vermont. 

State  Prison  and  House 
of  Correction  as  re- 
ward for  especially 
good  work. 

Board  of  Penal  Insti- 
tutions. 

Virginia. 

State  Penitentiary  for 
overtime  when  pris- 
oners are  employed 
under  contract  sys- 
tem. 

Superintendent  of  Pen- 
itentiary with  ap- 
proval of  Board  of 
Directors. 

Reasonable  compensa- 
tion for  overwork. 

(8)  The  law  provides  that  all  convicts  under  control  of  state  engaged  in  manufacturing  articles 
for  general  consumption  shall  receive  quarterly  wages  equal  to  amount  of  earnings,  to  be  fixed  from 
time  to  time  by  authorities  of  institutions,  from  which  board,  lodging  and  clothing,  and  cost  of 
trial  have  been  deducted.  Balance  paid  to  dependents  or  to  prisoner  at  expiration  of  term.  Ac- 
cording to  letters  from  the  authorities,  of  the  different  state  institutions,  wages  are  paid  the 
prisoners  only  in  the  manufacturing  department  of  the  Eastern  Penitentiary. 

(9)  This  is  the  law,  but  according  to  letter  from  Charles  Potter,  Secretary  of  Board  of 
Charities  and  Corrections,  the  prisoners  are  not  paid  wages  in  the  Rhode  Island  penal  institutions. 

(10)  This  is  the  law  as  found  in  Revised  Civil  Statutes  of  Texas,  1911,  Articles  6214  , 6215  , 6220, 
but  according  to  letter  from  Oscar  F.  Wolff,  Secretary  of  Board  of  Prison  Commissioners,  this 
law  was  declared  unconstitutional  and  void  and  prisoners  are  not  paid  wages. 

(11)  This  is  the  law,  but  according  to  letter  from  Arthur  Pratt,  warden  of  Utah  State  Prison, 
the  prisoners  do  not  receive  wages  for  their  work. 


91 


STATE  INSTITUTIONS— Continued. 


From  what  Source 
Derived? 

By  what  Determined  ? 

To  Whom  Paid? 

Included  in  cost  of 
manufacturing  arti- 
cles. 

No  individual  differences. 

Dependents,  or  if  there  are  none, 
to  prisoner  at  expiration  of  term. 

Conduct  and  devotion  to  work. 

Prisoners. 

Left  to  discretion  of  Board  of 
Charities  and  Correction. 

Prisoner  at  time  of  discharge,  or 
during  his  imprisonment,  to  de- 
pendents. 

Earnings  of  prisoner. 

Character  of  prisoner,  his  family, 
nature  of  crime,  general  deport- 
ment. 

Prisoners  allowed  to  use  half  of 
wages;  other  half  held  until  they 
are  released.  All  may  be  sent  to 
dependents.  Life  term  prisoners 
without  families  allowed  to  use 
all  of  earnings.  If  they  have  fam- 
ilies, one  half  sent  to  same. 

Regular  wages  paid 
from  earnings  of 
prison.  Overtime 

and  Sundays  paid 
from  funds  of  prison 
system. 

Good  conduct,  amount  of  work  per- 
formed. 

Paid  semi-annually  to  dependents 
designated  by  prisoner.  If  pris- 
oner has  no  dependents,  earnings 
are  paid  to  him  upon  his  discharge. 
Paid  only  to  dependents  within 
second  degree. 

Earnings  of  prisoners. 

Conduct  and  martial  condition  of 
prisoners. 

f Unmarried  prisoner,  or  prisoner  with 
family  outside  of  state,  at  time  of 
discharge.  Family  of  married 

prisoner  when  within  state. 

Funds  used  for  con- 
ducting industries 
in  prisons. 

Character  of  work ; a reward  for 
especially  good  work. 

Prisoners. 

Amount  of  work  done  beyond  regu- 
lar task  of  prisoner. 

Prisoner  at  time  of  discharge  or  to 
dependents  any  time  during  im- 
prisonment. Prisoner  allowed  to 
purchase  certain  provisions  and 
other  articles  approved  by  Board. 

92 


PRISONERS’  WAGES— 


State. 

By  what  Institution 
Paid  or  for  what 
Work? 

By  Whom  the  Wage 
System  is  Adminis- 
tered ? 

Amount  of  wages? 

32 

Washington,  (12). 

Honor  Camps. 

State  Reformatory. 

Honor  Camps  — Board 
of  Control. 

Reformatory  — Board 
of  Managers. 

50  cents  per  day  in 
Honor  Camps.  Not  to 
exceed  20  per  cent  of 
prisoner’s  earnings  in 
Reformatory. 

33 

West  Virginia. 

State  Penitentiary, 

only  forvovertime  on 
contract  work. 

34 

Wisconsin. 

State  Prison. 

State  Reformatory. 

State  Board  of  Control. 

' 35 

Wyoming. 

State  Penitentiary  for 
overwork  only. 

Small  percentage  of 
amount  accomplished 
over  prescribed  task. 

(12)  This  is  the  law,  but  letter  from  State  Board  of  Control  mentions  only  payment  of  50 
cents  per  day  in  Honor  Camps.  The  State  Board  of  Control  does  not  govern  the  State  Reformatory 
so  this  fact  may  account  for  the  omission  of  the  mention  of  the  payment  of  wages  in  the 
reformatory. 


93 


STATE  INSTITUTIONS— Continued. 


From  what  Source 
Derived  ? 

By  what  Determined  ? 

To  Whom  Paid? 

Reformatory  — Earn 
ings  of  prisoner. 

Reformatory — Character  and  deport- 
ment of  prisoner,  nature  of  crime. 

Reformatory.  Prisoner  or  family  as 
Board  of  Manager  deems  best,  pro- 
vided at  least  25  per  cent  of  such 
earnings  shall  be  left  for  and  paid 
to  prisoner  at  time  of  discharge. 

Amount  prisoner  does  in  over-time. 

Prisoner  at  time  of  discharge  or 
sent  to  family. 

When  prisoner  is  em- 
ployed on  State  Ac- 
count — from  fund 
provided  for  carry- 
ing on  such  work. 
When  prisoner  is 
employed  under  con- 
tractor— from  con- 

tractor. 

Pecuniary  value  of  work,  willing- 
ness and  good  behavior  of  pris- 
oners. Extra  allowance  for  pris- 
oners surpassing  general  average 
of  prisoners. 

Prisoner  on  discharge  or  during 
confinement,  or  to  dependents  as 
Board  of  Control  may  prescribe. 

Amount  accomplished  over  pre- 
scribed task. 

Prisoner  on  discharge. 

I 94  > 


PRISONERS’  WAGES— LOCAL  INSTITUTIONS. 


All  the  facts  as  to  the  wages  paid. to  prisoners  in  local  institutions 
were  obtained  from  Senate  Document,  No.  494  of  the  63d  Congress, 
2d  Session  and  hence  relate  only  to  the  possibilities  of  compensation 
under  the  law.  The  legal  provisions  are  brief,  and  in  most  cases 
merely  permissive.  From  the  table  containing  the  facts,  a few  gen- 
eral conclusions  can  be  drawn. 

In  the  first  place,  it  is  apparent  that  wages  are  in  many  cases  to 
be  paid  only  to  such  prisoners  as  are  engaged  in  a particular  kind 
of  work,  as  road  or  farm  work.  The  amount  paid  is  determined 
either  by  the  official  or  officials,  in  charge  of  the  institution  or  by 
the  county  officers,  who  are  given  a great  deal  of  discretion  in  decid- 
ing the  amount  due  the  prisoner.  It  is  evident,  however,  that  in 
many  cases  the  intention  is  to  base  the  wages  on  net  earnings,  al- 
though the  law  in  some  cases  sets  limits  to  the  amount.  In  some  in- 
stances the  wages  are  to  be  paid  out  of  county  funds,  while  in  others 
they  are  paid  directly  from  net  receipts.  As  a general  thing,  de- 
pendents are  to  receive  the  wages.  In  one  case,  it  is  stated  that  not 
money  wages  but  wages  in  kind  are  to  be  paid  to  the  dependents. 

It  would  be  an  almost  endless  task  to  make  a complete  study  of 
wages  in  the  local  institutions.  The  facts  obtained  for  the  institu- 
tions in  Pennsylvania  were  secured  only  after  repeated  inquiries, 
and  must  be  taken  as  indicating  only  in  a general  way  what  the 
actual  practice  is.  The  problem,  moreover,  is  one  that  does  not,  it 
would  seem,  merit  very  serious  consideration.  The  typical  county 
institution  is  the  jail  which  it  must  be  remembered  was  never  de- 
signed as  a place  for  the  employment  of  prisoners,  but  solely  for 
their  detention.  For  reasons  that  have  been  mentioned  in  Chapter  5, 
Part  II,  the  jail  will  probably  be  forced  off  the  stage  and  other  in- 
stitutions in  which  prisoners  can  easily  find  employment  will  take 
their  place.  Until  such  time  comes,  effort  spent  in  an  exhaustive 
study  of  wages  paid  in  institutions  for  misdemeanants  would  be 
largely  wasted. 


96 


PRISONERS’  WAGES— 


» 

State. 

In  what  Institution 
Paid  or  for  what 
Work? 

By  Whom  the  Wage 
System  is  Admin- 
istered ? 

Amount  of  Wages? 

i 

Colorado. 

County,  town  and  city 
jails. 

County  Commissioners. 
City  councils. 

Earnings  less  expense 
of  guarding. 

2 

Louisiana. 

For  work  on  roads, 
public  works  or 

farms. 

Police  jury. 

First  class,  $5— $15.00 
per  month. 

Second  class,  $2— $10.00 
per  month. 

3 

Maine. 

Jails,  workhouses. 

County  commissioners. 
Master  of  workhouse. 

Proceeds  of  labor. 

4 

Michigan. 

(Law  definitely 

states  that  no 
compens  a t i o n 
shall  be  allowed.) 

Jails  or  lockups. 

By  court. 

Reasonable  compensa- 
tion. 

5 

Minnesota. 

County  farms. 

Commission  in  charge. 

Not  to  exceed  $.50  per 
day,  to  be  paid  in 
kind. 

6 

Mississippi. 

For  work  on  roads  or 
farms. 

Board  of  Supervision. 

First  class,  $8— $20.00 
per  month. 

Second  class,  $5— $15.00. 

In  individual  cases, 
higher  wages  may  be 
paid. 

7 

New  Hampshire. 

County  jails. 

Sheriff  or  jailer. 

25  per  cent  of  net 
earnings. 

8 

Pennsylvania. 

County  institutions. 

Authorities  of  the  in- 
stitution. 

Earnings  less  board. 

9 

Tennessee. 

Workhouses. 

Workhouse  commis- 

sioners. 

All  money  obtained 
from  hiring. 

10 

Texas. 

Convicts  hired  out. 

County  commissioners. 

Earnings,  or  in  case 
work  was  done  for 
county,  $1.00  per  day. 

11 

Wisconsin. 

Jails  and  workhouses. 

Sheriff. 

Earnings,  minus  board, 
lodging,  clothing  and 
cost  of  trial. 

97 


LOCAL  INSTITUTIONS. 


From  what  Source  Derived? 

By  what  Determined? 

To  Whom  Paid? 

From  the  funds  of  the  county. 

Value  of  work,  done  less  ex- 
pense of  guarding. 

To  wife  or  minor  children  to  extent 
of  half  of  his  earnings,  provided 
they  are  residents  of  the  county  in 
which  he  is  confined  and  are  likely 
to  become  a public  charge. 

Parish  or  person  hiring. 

Must  not  be  less  than  mini- 
mum provided. 

Net  earnings. 

Earnings. 

To  families  or  persons  dependent  up- 
on them  for  support. 

• 

Funds  of  the  political  unit  of 
government. 

Judgment  of  the  court. 

To  wife,  family  or  dependents  of 
such  prisoner  or  such  other  person 
as  court  sentencing  him  may 
direct. 

Funds  of  county. 

j Judgment  of  the  commis- 
sioners. 

| To  wife,  family  or  guardian  in  con- 
trol of  dependent  child  or  chil- 
dren. 

| 

Funds  of  county. 

Within  limits  fixed  by  law. 

From  earnings. 

Value  of  work  done. 

To  prisoner  on  discharge. 

From  earnings. 

Value  of  work  done  less  cost 
of  board. 

Hire  of  prisoner. 

By  bargain  with  person  hir- 
ing. 

To  prisoner. 

From  earnings  or  funds  of 
county. 

Earnings,  or  whether  em- 
ployed by  county. 

To  dependents  ascertained  by  court. 

From  earnings. 

Earnings  and  cost  of  board. 

To  dependents  or  to  prisoner  in  case 
no  dependent  appear. 

7 


■ 


' 98) 


LETTER  OF  THE  CHAIRMAN. 


To  the  Members  of  the  Oeneral  Assembly: 

Gentlemen: — The  commission  was  appointed  in  June  1914.  This 
late  appointment  allowed  us  but  six  months  in  which  to  do  the  work. 
The  employment  and  compensation  of  prisoners  is  a problem  of  no 
mean  magnitude  and  one  which,  in  our  opinion,  no  state  has  as  yet 
completely  and  satisfactorily  solved.  v 

In  the  brief  space  of  time  afforded  us,  it  has  been  impossible  to 
prepare  a complete  report  on  all  phases  of  the  subject.  We  have 
been  unable  to  visit  the  western  states  where  prisoners  are  worked 
upon  the  roads;  and,  as  a consequence,  scant  space  is  given  in  the 
report  to  this  important  method  of  employing  prisoners.  The  re- 
lation which  exists  between  short  sentences  on  the  one  hand  and 
work  and  reformation  on  the  other  is  also  a much  mooted  question 
which  from  lack  of  time  we  have  not  been  able  to  investigate  or  even 
consider.  Other  problems  likewise  remain  untouched. 

We,  therefore,  respectfully  ask  the  Legislature  to  continue  the 
commission  for  the  next  two  years.  In  1917,  we  will  be  able  to  pre- 
sent to  you  a complete  and  exhaustive  study  of  the  entire  situation. 
To  do  this,  of  course,  an  additional  appropriation  will  be  necessary 
which  we  trust  will  be  provided  for. 

The  bills  which  we  have  drafted  should  be  passed  at  once,  as  they 
provide  the  necessary  foundation  on  which  to  build. 

Respectfully  yours, 

EDWIN  M.  ABBOTT, 

Chairman. 


100 


READING  LIST  ON 

OUTDOOR  EMPLOYMENT  OF  CONVICTS 

SUPPLIED  BY  THE 

DIVISION  OF  BIBLIOGRAPHY,  LIBRARY  OF  CONGRESS. 


H.  H.  B.  MEYER,  Chief  Bibliographer . 


BIBLIOGRAPHY. 

1.  U.  S.  Bureau  of  Labor.  Index  of  all  reports  issuerd  by  bureaus  of  labor 

statistics  in  the  United  States  prior  to  Mar.  1,  1902,  Washington, 
Govt,  print.  Off.  1902.  287  P. 

Convict  labor;  p.  67-70  27174.LIU6 

2.  Virginia.  State  Library,  Richmond.  Legislative  reference  list  1912. 

Richmond,  V.  1911.  70  p. 

“Convict  labor”  p.  21-28.  2881.V91L 

BOOKS. 

3.  American  year  book;  a record  of  events  and  progress,  1911.  New  York, 

D.  Appleton  and  Co.  1912,  863  p. 

“Prison  labor;”  p.  374 

“Convict  labor;”  p.  384-385  E171.A585  1911 

4.  Boies,  Henry  H.  The  science  of  penology;  the  defence  of  society  against 

crime;  collated  and  systematized  by  H.  M.  Boies,  New  York,  G.  P. 
Putman’s  Sons,  1901.  459  P. 

“Prison  labor;”  p.  264-286  HV8665.B6 

5.  CaJble,  George  W.  The  silent  South.  New  ed.  New  York,  C.  Scribner’s 

Sons,  1889.  213  P. 

“The  convict  lease  system  in  Southern  States.” 

P.  115-182.  . E185.61.C196 

Sept.  27,  1912. 

6.  Georgia — Laws,  statutes,  etc.  An  act  (to  provide  for  the  employment  of 

felony  and  misdemeanor  male  convicts  upon  the  public  roads  . . . . ) 
Approved  Sept.  19,  1908.  Atlanta,  Ga.  C.  P.  Byrd,  1908.  8 P. 

7.  Convict  labor 

(In  New  international  encyclopaedia.  New  York,  1909.  v.  5.  p. 
360)  . AE5.N55  ,v.5 

8.  Hardy,  Tives  B.,  Comp.  A digest  of  the  laws  and  practice  of  all  the 

states  of  the  Union  in  reference  to  the  employment  of  convicts. 
Richmond.  D.  Bottom,  1911.  17  p.  HV8925.H3. 

9.  Henderson,  Charles  R.  ed.  Correction  and  prevention.  New  York,  Char- 

ities publication  committee,  1910,  4 v. 

(Russel  Sage  Foundation  publications)  HV9471.H5 

“The  public  road  system;”  v.  2.  p.  78-85 
“The  state  farm  system:”  v.  2.  p.  85-88. 

10 An  introduction  to  the  study  of  the  dependent,  defective  and  de- 

linquent classes.  Boston,  D.  C.  Heath  and  Co.,  1893.  277  P. 
Bibliographies  interspersed. 

“The  employment'  of  convicts  on  public  works  and  ways:” 
P.  221-222.  HV33.H4 


101 


11 Outdoor  labor  for  convicts;  a report  to  the  governor  of  Illinois, 

Chicago,  The  University  of  Chicago  Press,  1907.  154  p. 

Consists  of  extracts  from  the  Bulletin  de  la  Commission  peniten- 
taire  Internationale,  1905,  by  different  authors*.  HV8897.H5 

12.  Holmes,  J.  A.  Road  building  with  convict  labor  in  the  southern  states. 

(In  U.  S.  Dept,  of  Agriculture.  Year  Book  1901.  Washington,  1902. 
p.  319-332)  S21.A35.1901 

13.  Howard  association,  London.  Convict  labor  in  the  United  States,  Lon- 

don, Wertheimer,  Lea  & Co.  1906.  12  p.  HD.4869.U4H7 

14.  Illinois.  Bureau  of  labor  statistics.  Convict  labor  (In  its  Fourth  annual 

report  1896.  Springfield,  1886,  p.  5-152)  HC107.13A2.1886 

15.  Keeler,  Clarissa  O.  The  crime  of  crimes;  or  The  convict  system  un- 

masked. Washington,  D.  C.  Pentocostal  era  Co.,  1907.  29  P. 

HV8988.K3 

16.  Massachusetts.  Board  of  Prison  Commissioners.  Special  report  of  the 

general  superintendent  of  prisons  of  Massachusetts  upon  the  various 
methods  of  employing  prisoners  on  public  works  and  lands.  Boston , 
Wright  and  Potter,  Printing  Co.,  1898.  50  p.  HV8897.M4 

17  Michigan.  Board  of  Prison  Industries.  Report.  Lansing,  Mich.  Wyn- 
koop.  Hallenbeck  Crawford  Vo.  L91  (14  P.  Road  work  p.  12-13) 

HV8929.M5A5.1910 

18.  National  anti-convict-contract  association.  Proceedings  of  the  national 

convention,  held  at  Chicago,  Aug.  26th,  1886.  Together  with  other 
interesting  matter  relating  to  convict  contract  labor.  Chicago, 
Pub.  by  the  Association,  1886.  78  p.  HV8908.N3.1886 

19.  National  committee  on  prison  labor.  Penal  servitude,  by  E.  Stagg  Whitin, 

New  York,  National  committee  on  prison  labor,  1912.  162  p. 

“Road  work”  p.  49-50.  HV8925.N3 

20.  National  prison  association.  Employment  of  prison  labor  (in  building 

and  keeping  in  repair  good  roads.) 

(In  its  proceedings,  1898.  Pittsburg,  1899.  p.  106-108).  Discus- 
sion: p.  108-110.  HV8987.A1.1899 

21.  Solution  of  the  convict  labor  problem. 

In  its  Proceedings,  1899.  Pittsburgh,  1900.  p.  24-94. 

Discussion:  P.  94-104  HV8987.AL1*899. 

22.  New  York.  State  Library,  Albany.  Bulletin,  Legislation  No.  L-40.  Al- 

bany, 1891-1911.  40  v. 

Issued  irregularly.  Includes  an  annual  summary  of  index  of  state 
legislation;  1899-1908.  Digest  of  governors’  messages,  1902-1908; 
and  Review  of  legislation  1900-1907-08.  Consult  the  index  of  each 
volume  under  Convict  labor.  Z881.N61BL 

Z6457.A1N5 

23.  Stewart,  Ethelbert.  Convict  labor  in  the  United  States.  In  Bliss,  W.  D. 

P.  ed.  New  encyclopaedia  of  social  reform. 

New  ed.  New  York,  1908.  p.  291-294. 

“Public  works  and  ways  system:”  p.  292-294.  H41.V62 

24.  Tennessee.  State  highway  commission.  Special  message  of  Gov.  Malcolm 

R.  Patterson.  State  highway  commissions  and  road  improvement  in 
Tennessee. 

Jan.  10,  1911.  (Nashville,  1911.  21  p.)  TE24.T2A5.1911 

25.  U.  S.  Bureau  of  labor  Convict  labor.  Washington  Govt,  print.  Off.  1906, 

794  p.  (Annual  report  of  commissioner  of  labor,  20th,  1905.) 
Issued  also  in  the  Congressional  series,  No.  5046,  House  doc.  906, 
59th  Cong.  1st  sess. 

Two  earlier  reports  have  been  pub.  by  the  Bureau  giving  the  re- 
sults of  investigations  made  in  1885  (Second  annual  report  1886 
and  in  1895  (Bulletin  no.  5.  July  1896)  HD8051 . A3.1905 

“Convict  labor  laws.”  p.  615-787.  HD8933.A6.1905 

“Public  Works  and  Ways  system”  p.  16-20. 

House  Doc.  906 

26 Congress.  House.  Committee  on  labor.  Peonage  in  western 

Pennsylvania.  Hearings on  House  resolution  no.  90.  Aug 

1,  1911. 

Washington  Govt,  print,  off.  1911,  119  P. 

HD8039.M62U61911a 


102 


27 Industrial  commissions.  Report.... on  prison  labor.  Wash- 

Govt.  print.  Off.  1900.  116  p.  (The  commission’s  reports  v.  3) 
“Summary  of  convict  labor  laws”  p.  141-166. 

“Employment  of  convicts  on  public  buildings  and  ways.” 
p.  50-54.  HC101.A3.v3 

28.  Washington  (State)  Special  Investigation  commission  on  Highway  de- 

partment. Report  of  Special  investigating  commission  on  High- 
way department.  Report  of  Board  of  control  on  state  rock-crushing 
plants;  working  convicts  on  state  roads  and  at  crushing  plants. 
Olympia,  E.  L.  Boardman,  1910.  50  p.  TE24.W25.1910 

29.  Withers,  Robert  W.  Road  building  by  inmates  of  state  prisons.  (In 

National  conference  by  charities  and  corrections. 

Proceedings,  1908.  Ft.  Wayne,  Ind.,  1909.  p.  201-213) 

HV88.A3.1908 

30.  Wright,  Carroll  D.  Some  ethical  phases  of  the  labor  question.  Boston, 

American  Unitarian  association,  1902.  207  p. 

“The  ethics  of  prison  labor;”  p.  161-207.  HD691.W8 

31.  1891  Roberts,  Albert.  The  iniquity  of  leasing  convict  labor. 

Engineering  magazine,  Sept.  1891,  v.  1:  749-753. 

Discusses  the  advisibility  of  employing  convicts  on  public  highway 
construction.  TA1.E59,  v.  1 

32.  1892  Roberts,  Albert.  Convict  labor  in  road  making.  Engineering 

magazine,  July,  1892,  v.  3.  455-462.  TAl.E59,v.3i 

33.  1896  U.  S.  Bureau  of  labor.  Convict  labor.  Its  Bulletin,  July,  1896. 

v.  5:  443-  78.  HD8051.A5.no.5 

34.  1898  Codma.n,  John  T.  The  employment  of  convict  labor  in  Massachu- 

setts Arena.  April,  1898.  v.  19:  545-542.  Discusses  the  em- 
ployment of  convicts  on  public  works.  AP2.A6,v.l9 

35.  1899  Tobias,  D.  E.  The  convict  lease  system.  Nineteenth  century,  and 

after,  Dec.  1899,  v.  46:  959-962.  AP4.N7,v.46 

36.  1901  DuBois,  W.  E.  B.  The  convict-lease  system  in  the  South.  Mis- 

sionary review,  Oct.  1901,  v.  24:  737-745. 

37.  1902  Flower,  B.  O.  Mississippi’s  successful  convict  farms.  Arena,  Feb. 

1902,  v.  27:  199-204.  AP2.A6,v.27 

38.  1903  Holmes,  J.  A.  Road  building  with  convict  labor  in  the  Southern 

states.  Scientific  American  supplement,  Mar.  7,  1901,  v.  55:  22724- 
22727.  Tl.S52,v.55 

39.  Potts,  Charles  S.  The  convict  labor  system  of  Texas.  American 

academy  of  political  and  social  science.  Annals,  May,  1903,  v.  21: 
426-437.  Hl.A4,v.21 

40.  1906  Clarke,  G.  H.  Georgia  and  the  chain  gang.  Outlook,  Jan.  13,  1906, 

v.  82:  73-79.  AP2.08,v.82 

41  Barrows,  S.  J.  Working  prisoners  in  the  open.  Charities,  Oct.  20,  1906, 
v.  17:  129-130.  HVI.C4,v.l7 

42.  Clarke,  George  H.  Shall  the  chain-gang  go?  World  today,  Mar.  1908, 

v.  10:  302-307.  AP2.W75,v.lO 

43.  1907  Barry,  R.  Slavery  in  the  South  today.  Cosmopolitan  magazine. 

Mar.  1907,  v.  42:  481-491.  AP2.08,v.42 

44.  Terrell,  M.  C.  Peonage  in  the  United  States;  convict  lease  system  and 

the  chain  gangs.  Nineteenth  century  and  after,  Aug.  1907,  v.  62: 
306-322.  AP4.N7,v.62 

45.  1908  Newell,  A.  C.  Georgia’s  barbarous  convict  system,  World’s  work. 

Oct.  1908,  v.  16:  10829-10831.  AP2.W8,v.l6 

46.  Blackburn,  B.  M.  The  Georgia  convict  lease  law.  Outlook.  Oct.  10, 

1908,  v.  90:  295-297.  AP2.O8,v.90 

47.  McKelway,  A.  J.  The  convict  lease  system  of  Georgia,  Outlook,  Sept. 

12,  1908,  v.  90:  67-72.  AP2.O8,v.90 

48.  Russell,  Charles  E.  The  burglar  in  the  making  in  Georgia.  Every- 

body’s magazine,  June,  1908,  v.  18:  753-760.  AP2.E9.V.18 

49  1910  Smith.  H.  H.  Agricultural  training  for  prisoners.  World’s  work 

(London)  Sept.  1910,  v.  16:  346-347.  AP4.W85,v.l6 


103 


50.  Kellogg,  Paul  U.  The  question  of  prison  labor:  As  discussed  at 

the  International  prison  congress  at  Washington.  American  federa- 
tionist,  Dec.  1910,  v.  17:  1090-2091.  HD8055.A5A2,v.l7 

51.  1911  Cooley,  H.  R.  Outdoor  treatment  of  crime.  Outlook,  Feb.  25, 

1911,  v.  97:  403-408.  AP2.08,v.97 

52.  Barrows,  I.  C.  Correction  farms  at  Cleveland.  Survey  July  22, 

1911,  v.  26:  607-608.  HVl.C4,v.26 

53.  Swift,  Morrison  I.  Humanizing  the  prisons.  Atlantic  monthly. 
Aug.  1911,  v.  108:  170-179. 

Discusses  indoor  and  outdoor  work.  AP2.A8,v.l08 

54.  Shalfroth,  J.  F.  Building  good  roads  in  Colorado.  American  City. 

Oct.  1911,  v.  5:  222-224.  HT 

55.  1912  Harrison,  S.  M.  Cash  nexus  for  crime  in  Alabama.  Survey,  Jan. 

6,  1912,  v.  27:  1541-1556.  HVl.C4,v.27 


ADDITIONAL  REFERENCES. 

BIBLIOGRAPHY. 

1.  New  York.  Public  Library.  List  of  works  relating  to  criminology. 

(In  its  Bulletin,  May-Nov.  1911,  v.  15) 

Prison  labor:  p.  578-584.  Z881.N6B,v.l5 

BOOKS. 

2.  American  academy  of  political  and  social  science,  Philadelphia.  Prison 

labor  ....Philadelphia,  American  academy  of  political  and  social 
science,  1913.  240  P.  (Its  Annals,  vol.  46  (Whole  no.  135). 

Contents: — Introduction:  Industrial  penology,  by  E.  S.  Whitin. 
Trend  of  reform:  The  new  penology,  by  T.  Roosevelt;  The  wage- 
earner  and  the  prison  worker,  by  J.  Mitchel.  Women  and  prison 
labor,  by  Helen  V.  Boswell.  The  Governor’s  problem:  Why  I could 
not  pardon  the  contract  system,  by  G.  W.  Donoghey.  Prevention 
of  crime,  by  A.  O.  Everhart.  Reform  through  labor,  by  E.  N.  Foss. 
New  theory  as  to  punishment  of  crime,  by  H.  S.  Hadley.  The  prob- 
lem of  administration;  The  ideal  for  Kansas,  by  J.  K.  Coddling. 
Prison  labor  on  public  roads,  by  T.  W.  Tynam.  The  reform  of  the 
individual,  by  F.  Moore.  Working  for  the  individual,  by  D.  C. 
Peyton.  The  activities  of  delinquent  boys,  by  E.  L.  Coffen.  Direct- 
ing the  labor  of  convicts;  Convict  labor  in  highway  construction, 
by  J.  H.  Pratt.  Outdoor  work  for  convicts — a symposium.  1. 
County  road  camps  in  Arkansas,  by  J.  Asher;  2.  Outdoor  work  in 
Michigan,  by  W.  K.  Bryant;  3.  Good  opportunities  for  prison  labor, 
by  H.  R.  Cooley;  4.  Experimental  road  work  in  Ohio,  by  J.  R. 
Marker:  5.  The  workhouse  as  a reformatory,  by  F.  R.  McDonald. 
One  year  honor  system  in  Oregon,  by  P.  E.  Bauer.  Illinois  jails 
and  the  Kangaroo  court,  by  H.  H.  Hart.  New  Hampshire’s  ex- 
periment in  using  prison  labor  to  support  paupers,  by  E.  L.  Page. 
The  courts  and  prison  labor,  by  G.  Cosson.  The  attitude  of  or- 
ganized labor:  The  trade-union  attitude  towards  the  prison  labor, 
by  J.  P.  Frey.  The  state-use  system,  by  C.  Lovely.  The  burden  of 
crime:  Punishing  the  innocent,  by  C.  Aronovici.  Prison  labor  and 
social  justice,  by  F.  E.  Lyon.  Prison  reform  in  New  Jersey,  by 
C.  L.  Stonaker.  Prison  labor  in  the  District  of  Columbia,  by  W.  H. 
Baldwin.  Communication:  Scientific  farming  and  scientific  financ- 
ing, by  L.  G.  Robinson.  Developments  in  Chinese  labor  situation, 
by  G.  E.  Anderson.  The  unappreciated  tin-peddler;  his  services 

to  early  manufacturers,  by  R.  M.  Kerr.... Book  dept Report  of 

the  Board  of  directors  of  the  American  Academy  of  political  and 
social  science  for  the  fiscal  year  ended  Dec.  31,  1912.  Index 

H1.A4 

HV8925.A6 


September  19,  1913. 


104 


3.  Carlton,  Frank  T.  The  history  and  problems  of  organized  labor,  Boston, 

D.  C.  Heath  & Co.  (1911)  483  p. 

“Prison  Labor”  p.  424-430. 

References  at  end  of  chapter.  HD6508.C2 

4.  Kentucky.  Laws,  statutes,  etc.  Acts,  1912. 

Chap.  33.  Convict  labor  upon  public  roads.  P.  150-151. 

5.  Michigan:  Joint  prison  and  affiliated  boards.  Proposed  prison  legislation, 

present  laws  in  force,  and  reasons  why  changes  are  desirable 

(Lansing,  1912)  76  p.  HV975.M5A4.1912 

6.  National  committee  on  prison  labor.  Penal  servitude,  by  E.  Stagg 

Whitin,  New  York,  National  committee  on  prison  labor,  1912. 
162  p.  HV8295.N3 

7.  Ohio  Bureau  of  labor  statistics.  Special  report  on  prison  labor.  Colum- 

bus, O.  F.  J.  Herr  Printing  Co.,  1911.  45  p.  HV8929.O3A3.1910 

8.  Stone,  Roy.  Notes  on  the  employment  of  convicts  in  connection  with 

road  building.  Washington  Govt,  print,  off.  1895.  15  p. 

(U.  S.  Office  of  public  roads.  Bulletin,  16.)  TEl.U6,no.l6 

9.  A Symposium  on  ptrison  labor.  (In  National  conference  of  charities  and 

correction.  Proceedings,  1912.  Fort  Wayne.  1912;  p.  198-233. 
Contents: — Prison  labor — Where  are  we?  Whither  are  we  going? 
by  R.  Slicer, — Prison  labor,  by  Otis  Fuller — The  state-use  system 
in  Ohio,  by  James  A.  Leonard.  Prison  labor  and  the  contract  sys- 
tem, by  Milton  F.  Goodman.  The  trade-union  attitude  towards 
prison  labor,  by  John  P.  Frey.  Prison  labor,  by  B.  M.  Spurr. 
Prison  labor,  by  Florence  Kelly.  Prison  labor,  by  John  J.  Son- 
steby.  Discussion.  Women  offenders  in  New  York,  by  William 
McAdoo.  Treatment  of  women  offenders,  by  Maud  E.  Miller. 

10.  U.  S.  Congress.  House  Committee  on  labor.  Convict  made  goods  in  inter- 

state commerce.  .Report  (To  accompany  H.  R.  5601).  (Washington 
Govt,  print.  Off.,  1912)  3 p.  (62  Cong.  2d  sess.  House.  Rept.  222). 

HV9823.A6.1912 

11.  U.  S.  Congress  House  Committee  on  labor.  Protection  of  labor  and  in- 

dustries from  competition  of  convict  labor  and  manufactures.  Re- 
port. (To  accompany  H.  R.  12318)  Washington  Govt,  print,  off., 
1906.  13  p.  (59th  Cong.  1st  sess.  House.  Report  4782.) 

12 Senate.  Committee  on  the  judiciary.  Interstate  commerce  in 

convict-made  goods.  Hearing  (July  3-6,  1912.  Washington  Govt, 
print,  off.  1912.  52  p.) 

13.  Virginia.  Governor  (Wm.  H.  Mann).  Communication  relative  to  the 

employment  of  convicts  and  submitting  proposal  therefore.  Jan.  15, 
1912  (Richmond,  1912)  4 p.  (Senate  doc.  no.  2).  HV8929.V845.1912 

14.  Wisconsin.  Bureau  of  labor  and  industrial  statistics.  The  binder  twine 

industry  as  a prison  employment.  (In  its  Fourteenth  biennial  re- 
port, 1909-1910.  Madison,  1911.  p.  143-310. 


ARTICLES  IN  PERIODICALS. 


15. 


16. 


17. 

18. 
19. 


Gompers,  Samuel.  The  crimes  of  surface  investigations.  American 
federationist,  July,  1910,  v.  17:  577-584.  HD8055.A5A2,v.l7 

Discussion  manufacture  of  shirts,  etc.  at  Maryland  penitentiary. 
1911. 


Leavitt,  J. 
a day. 

1912. 


Something  for  nothing;  goods  made  by  convicts  for  34  cents 
American  magazine,  July,  1911,  v.  72:  351-360. 

AP2.A346 , v.72 


Mitchell,  John.  Prison  Labor.  American  federationist,  Feb.  1912.  v. 

19:  160-162.  HD8055.A5A2,v.l9 

Leavitt,  Julian.  Man  in  the  cage.  American  magazine,  Feb.  1912. 

v.  73:  397-409.  AP2.A346,v.73 

Whitin.  E.  S.  Convict  made  goods  put  on  health  basis.  Survey,  March 
30,  1912,  v.  27:  2000-2001.  HVIC4,  v.  27 


105 


20.  Porter,  V.  H.  Governor  West  of  Oregon  and  his  convict  honor  theory. 

Collier’s  Weekly,  May  4,  1912,  v.  49:  16-17.  AP2.  C65,  v.49 

21.  Prison  contract  labor.  Outlook,  May  4,  1912,  v.  101:  13-13. 

AP2.08,  v.101 

22.  Howard,  R.  R.  Governor’s  honor  men.  Outlook,  July  27,  1912.  v.  101: 

716-724.  AP2.08 , v.101 

23.  Whitin,  E.  Stagg.  Trade  unions  and  prison  labor.  Case  and  comment, 

Sept.  1912,  v.  19:  240-244. 

'24.  Pratt,  Joseph  H.  Convict  labor  in  highway  construction.  Engineering 
and  contracting,  Oct.  23,  1912,  v.  38:  457-459.  TA201.E5, v.38 

25.  Dahl,  Arthur  I.  A penitentiary  built  by  convicts.  Overland  monthly, 

Oct.  1912.  v.  60:  333-339.  AP2.O9,v.60 

26.  Prison  labor  in  New  Jersey,  Survey,  Nov.  30,  1912,  v.  29:  261-262. 

HVI.C4,  v.29 

27.  Leavitt,  Julian.  Our  prison  sweat  shops.  Pearson’s  magazine,  Dec.  1912, 

v.  28:  19-28.  AP2.P35,v.26 

28.  Leavitt,  Julian.  Convict  labor  vs.  free  labor.  Pearson’s  magazine,  Jan. 

1913,  v.  29:  1-11.  AP2.P35,v.29 

29.  Barnard,  Kate.  Fighting  the  lease  system  with  pardons.  Survey,  Jan. 

4,  1913,  v.  29:  457-458.  HVI.C4,v.29 

30.  West  Oswald.  Prison  labor.  American  federationist,  Feb.  1913,  v.  20: 

112-113,  HD8055.A5A22 , v.20 

31.  Leavitt,  Julian.  Our  prison  sweatshops.  Pearson’s  magazine,  Feb.  1913, 

v.  27:  179-198.  AF2.?35,v.29 

32 Putting  a bounty  on  crime.  Pearson’s  magazine,  Mar.  1913, 

v.  29:  360-369. 

“Shows  that  the  prison  contract  labor  system  sends  men  to  jail 
and  keeps  them  there  longer  than  their  rightful  term.” 

AP2.P35,v.29 


33  The  courts  and  convict  labor.  Pearson’s  magazine,  Apr.  1913, 

v.  29:  490-498.  AP2.P35,v.29 

34  One  solution  of  the  convict  labor  problem.  Pearson’s  magazine, 

June,  1913,  v.  29:  754-762.  AP2.P35,v.29 


35.  Convict  vs.  free  labor.  Leasing  system  a great  handicap  to  law  abiding 

citizens.  Garment  worker,  Aug.  1,  1913.  p.  2. 

1911-1912. 

36.  Prison  labor  legislation  in  1911,  1912.  American  labor  legislation  re- 

view, Oct.  1911,  v.  1:  122-131.  Oct.  1912,  v.  2:  486-487. 

HD7833.A55 , v.l. , 2 


READING  LIST  ON  CONVICT  LABOR  SUPPLIED  BY  THE 
BUREAU  OF  LABOR  STATISTICS,  UNITED  STATES  DE- 
PARTMENT OF  LABOR. 

Amer.  acad.  of  pol.  & soc.  science.  Philadelphia. 

Prison  labor Phila. , Amer.  acad.  of  pol.  & soc.  sci.,  1913. 

(Its  Annals,  v.  46,  whole  no.  135)  340p. 

American  prison  association. 

Reports. 

Gt.  Brit.  Bd.  of  trade.  Importation  of  foreign  prison-made  goods  committee. 

Foreign  prison-made  goods  (importation  of)  London,  1895.  152p. 

Cd.  7902. 

Committee  on  the  employment  of  convicts. 

Employment  of  convicts London,  1882.  45p.  (Cd.  3427). 

Foreign  office. 


106 


..Reports  from  Her  Majesty’s  representatives  in  certain  foreign 
countries  on  prison  labour. ..  .London,  (1894)  88p.  (Cd.  7550) 

Home  dept.  Com.  on  the  employment  of  convicts  at  Dover  Harbour. 

. .Papers  relating  to  the  employment  of  convicts  at  Dover  Harbour. 
London,  1883.  7p.  (Cd.  3726)  (Continuation  of  Cd.  3427) 

Henderson,  C.  R.  Outdoor  labor  for  convicts. ..  .Chicago,  Univ.  of  C.  press, 
1907.  154p. 

Idaho.  Commission  on  prison  labor. 

Report. ..  .Boise,  Cunningham,  (1913?)  14p. 

III.  State  board  of  prison  industries. 

Report. . . .from  July,  1904  to  Dec.  31,  1915  including  special  report 
to  April,  1906. 

Italy.  Ufficio  del  lavoro. 

Statistics  del  lavoro  negli  stabilimenti  penali  dell’  anno  1908 , 
Roma,  1911. 

Kansas.  Bu.  of  labor  and  industry. 

Convict  labor  (Its  19th  annual  report)  1894. 

LiSzt,  Franz  von. 

Prison  labor....  Tr.  by  A.  B.  Salant. . . .1910.  19p. 

Mass.  Board  of  prison  commissioners. 

..Special  report  upon  the  prison  industries. ..  .Boston,  1912.  lOp. 
(House  no.  1643). 

Bu.  of  statistics  of  labor. 

Convict  labor  (Its  10th  & 11th  annual  reports,  1879,  1880). 
Michigan.  Bu.  of  labor  and  industrial  statistics. 

Convict  labor  (Its  4th  annual  report,  1886) 

Michigan.  Joint  prison  and  affiliated  board. 

. . . .Proposed  prison  legislation,  present  laws  in  force,  and  reasons 
why  changes  are  desirable,  incl.  the  proceedings  for  1912.  76p. 
Governor  Warner. 

Message. ..  .to  the  45th  legislature,  relative  to  the  employment  of 
convict  labor,  Mar.  27.  1909. 

National  committee  on  prison  labor.  N.  Y.  City. 

...  .Importance  of  the  prison  labor  problem;  a proposal  for  a com- 
prehensive investigation  of  the  problem. ..  .resolutions . and  a ten- 
tative survey  of  the  field.... N.  Y. , 1910.  6 numb.  1.  Typewritten 

Minutes  of  the  Committee  meeting  N.  Y. , 1910. 

Penal  servitude. ..  .N.  Y.  National  com.  on  prison  labor,  1912. 

162p. 

Prison  labor  leaflets;  No.  3,  Prison  labor  in  Governor’s  messages. 
1911;  No.  4,  Prison  labor  in  party  platforms.  1910,  1911;  No.  8, 
Prison  labor  movement,  1910-11, 

Tenative  bibliography  on  prison  labor.  N.  Y. , 1910.  4 1.  Typewrit- 

ten. 

National  free  labor  association.  (822-4  Broadway,  N.  Y.) 

Bulletins. 

National  conference  on  charities  and  corrections. 

Guide  to  study  of  proceedings. 

National  prison  association. 

Reports. 

N.  Y.  (State)  Legislative  assembly.  Special  com.  on  convict  labor  in  penal 

institutions  of  the  state.  Report April  28,  1899.  N.  Y. , 56p. 

Ohio.  Bu.  of  labor  sta.t. 

Convict  labor.  (Its  25th  annual  report.  1901). 

Special  report  on  prison  labor,  1910.  45p. 

Commission  on  contract  labor  system  in  the  Ohio  penitentiary. 
Report.... on  examination  into  contract  labor  systems  in  the  Ohio 
penitentiary. 

Columbus.  1884.  47p. 

Ohio.  Commission  on  prison  reform. 

Prison  reform.  Report. . . .Ohio  state  reformatory.  (1913)  9p. 
Pennsylvania.  General  assembly.  Joint  special  com.  on  contract  convict  labor. 

Report. ..  .with  accompanying  testimony.  Jan.  16,  1878.  Harris- 
burg. 1878.  269p. 

Seut'ter,  Leonore. 

Die  gefangnisarbeit  in  Deutschland. . . .Tubingen,  Mohr.  1912,  207p. 


107 


Texas.  Superintendent  of  state  penitentiaries. 

Address  of  T.  J.  Goree....on  the  penitentiary  leases Austin, 

1883.  14p. 

U.  S.  Bureau  of  labor. 

Convict  labor.  (Annual  report,  2d  1886;  20th,  1905;  22d,  1907.) 
Convict  labor.  (Its  Bulletin  5,  July,  1896)  II 

U.  S.  Cong.  House.  Com.  on  labor. 

Convict  made  goods  in  interstate  commerce.  Report,  1912  (62  Cong. 
2d  sess.  H.  R.  no.  222). 

Hearings  before  sub-committee  no.  4,  com.  on  labor,  April  1,  8,  13, 
1908.  173p. 

Hearings  before  sub-committee  no.  4,  Committee  on  labor,  Mar. 
8 &10,  1910.  153p. 

Competition  of  penal  labor.  (H.  R.  12000,  12001,  21322). 

Hearings  before  sub-corn.  no.  2,  May  25  &26,  1910  (61st  Cong.,  1910) 
(H.  R.  3646)  60p. 

Industrial  com’n. 

Report  on  prison  labor.  Wash.,  1900.  66p.  (The  Commissions  re- 
ports, v.  3)  •' 

Digest  of  existing  statutes  of  the  state. ..  .relating  to  prison  labor. 
(The  Commission’s  reports,  v.  5) 

Whitin,  E.  S. 

Prison  labor ...  .Reprinted  from  publications  of  the  Acad,  of  pol. 
& soc.  science,  v.  2,  no.  4,  N.  Y. , 1912,  p.  159-163. 

....Prisoner’s  work.  Boston,  Amer,  Unitarian  asso.  (1913)  26p, 
(Amer.  Unitarian  asso.  Dept,  of  social  and  public  service.  Social 
service  series.  Bulletin  no.  27) 

Wisconsin.  Bureau  of  labor  and  industrial  statistics. 

The  binder  twine  industry  as  a prison  employment.  1909.  (Its 
14th  biennial  report.  Pt.  3) 

Wright,  C.  D. 

Prison  labor.  Wash.,  1899,  p.  403-23.  Reprinted  from  Catholic 
univ.  bulletin,  Ont. , 1899,  v.  4 no.  4. 


USE  OF  CONVICT  LABOR  ON  ROAD  WORK. 

List  of  References  to  Books,  Pamphlets  and  Periodicals  in 

DAVIS  LIBRARY  OF  HIGHWAY  ENGINEERING,  Columbia 

University. 


Supplied  by  National  Committee  on  Prisons  and  Prison  Labor. 


Penal  Servitude.  E.  Stagg  Whitin.  Published  by  the  National  Committee  on 
Prison  Labor.  N.  Y.  (Brief  summary  of  the  finding  of  the  Na- 
tional Committee). 

Caged  Man.  E.  Stagg  Whitin.  Published  in  Proceedings  of  the  Academy  of 
Political  Science,  Columbia  Univ.  N.  Y.  C.  Vol.  Ill,  No.  4,  July 
1913.  (A  summary  by  states  of  existing  legislation  in  the  U.  S.  on 
the  treatment  of  prisoners.) 

Good  Roads  and  Convict  Labor.  Published  as  Proceedings  of  the  Academy  of 
Political  Science,  Vol.  LV,  No.  2,  January  1914,  (Contains  “Prison 
Industries  of  the  State  of  Wisconsin”  by  E.  Stagg  Whitin;  and 
“Use  of  Convict  Labor  for  Highway  Construction  in  the  North” 
by  Sydney  Wilmot.  Contains  a bibliography  covering  the  North- 
ern states  and  the  publications  of  the  National  Committee  on  Prison 
Labor.) 

Annals  of  the  American  Academy  of  Political  and  Social  Science.  Vol.  xlvl. 
No.  135,  March  1913.  Contains  many  papers  on  prison  labor. 


108 


Good  Roads  Yearbook  of  U.  S.  for  *1914,  Published  by  American  Highways  As- 
sociation. p.  89-98.  Digest  of  convict  labor  laws. 

Prison  Labor  Leaflets.  Published  by  National  Committee  on  Prison  Labor. 
No.  2 Making  roads  through  prison  labor,  1911. 

3 Prison  labor  in  Governors’  messages,  1911. 

4 Prison  labor  on  road  work  in  party  platforms. 

5 Prison  labor  Movement,  1910-1911. 

6 Trade  Unions  and  prison  labor,  1912. 

7 Prison  labor  in  the  party  platforms  of  1911-12. 

8 Prison  labor  in  Governors’  messages,  1912-13. 

13  Why  I could  not  pardon  the  contract  system,  1913. 

14  Prison  labor  on  public  roads.  T.  J.  Tynam,  1913. 

19  Prison  labor  reform  in  New  Jersey,  1913. 

CONVICT  LABOR  ON  ROAD  WORK. 

Substitutes  for  convict  lease  system.  E.  Stagg  Whitin,  Typewritten  copy. 

(to  obtain  efficiency  in  working  convicts  on  roads  the  organization 
into  grades  and  subdivisions  should  be  carefully  worked  out.  Con- 
victs should  be  paid  according  to  a fixed  scale  by  grade  and  amount 
of  work  they  do. 

Road  building  with  convict  labor  in  the  Southern  States.  J.  A.  Holmes  office 
Public  Roads  Inquiries.  Reprint  from  Yearbook  Dept.  Agriculture, 
1901.  (Also  in  Eng.  News,  November  20,  1902.) 

Notes  on  the  employment  of  convicts  in  connections  with  road  building,  com- 
piled by  Roy  Stone.  U.  S.  Dept.  Agriculture  O.  P.  R.  Bull.  16. 

Honor  men  and  good  roads  everywhere.  E.  Stagg  Wihitin  and  Charles  H. 

Davis.  Published  by  National  Highways  Association.  Wash.,  1914. 

Economics  of  convict  labor  in  road  construction.  Jos.  H.  Pratt,  North  Carolina 
Geological  and  Economic  Survey.  Good  Roads  Circular  No.  97. 
February  1914. 

Convict  labor  on  road  work.  Samuel  Hill , Proceedings  of  the  9th  Annual  Con- 
vention of  Amer.  Road  Builders’  Association,  1912.  p.  257.  Contains 
a discussion.  Also  in  Good  Roads,  January  4,  1913. 

Details  of  arrangements  for  the  use  of  convict  labor.  Jos.  II.  Pratt,  Pro- 
ceedings of  the  10th  Annual  Convention  Amer.  Road  Builders’  As- 
sociation, 1913.  p.  75-86.  Discussion,  p.  86-106.  Also  in  Good 
Roads,  January  3,  1914.  p.  26-36. 

Better  Roads,  February,  1914.  p.  12. 

Colorado  State  Highway  Commission.  2nd  Biennial  Report,  1912. 

Road  laws  of  Colorado,  pp.  95-96. 

Illinois  State  Highway  Commission.  4th  Report.  1913.  Statute  concern- 
ing convict  labor  and  road  materials,  pp. 21-23. 

Maine  State  Highway  Commission.  Statutes  relating  to  roads,  1914.  Chapter 
20,  pp.  53-54. 

New  Jersey — Commissioner  of  Public  Roads.  20th  annual  report,  1913.  Law 
providing  for  use  of  prisoners  on  roads,  pp.  157-158. 

New  York  State.  Road  Red  Book.  1906.  Employment  of  prisoners  under 
sentence  in  county  jails,  pp.  92-98. 

North  Carolina — Geologic  and  Economic  Survey.  Economic  Paper  No.  27 
Highway  work  in  N.  C.  Tables  of  data  on  use  of  convicts  in  road 
construction,  pp.  67-72. 

Ohio  State  Highway  Dept.  Bulletin  5.  Convict  labor  for  road  improvement. 

Oklahoma  Special  Committee  Substitutes  for  House  Bill  No.  39-96,  as  amended 
by  the  Senate.  Sect.  50-51.  1909. 

Utah  State  Roads  Commission — 2nd  Biennial  Report,  1911-12.  Prison  labor 
laws  and  report  of  work  done  by  convicts  during  1911-1912.  pp. 
7-8;  17-33. 

Utah  State  Roads  Commission — Road  and  highway  laws.  1912.  p.  44. 

Virginia  Convict  Labor  Law  Chas.  T.  Lassiter.  (Papers,  etc.  of  the  American 
Road  Congress,  Richmond,  November  1911.  p.  181.) 

Virginia  State  Highway  Commission.  1910.  Rules  and  regulations  under 
which  convicts  will  be  furnished  contractors  for  work  on  public 
roads. 

Virginia  State  Highway  Commissioner,  7th  annual  report  for  1913.  Tables 
showing  comparison  of  cost  of  roads  built  with  free  labor  and  con- 
vict labor,  pp.  5;  85-87. 


109 


West  Virginia  State  Road  Bureau.  Joint  Bull.  No.  4,  1914.  Prison  Labor. 
Washington  State  Highway  Board.  Road  Laws  of  State  of  Washington,  1913. 
Section  146,  147-148;  415-419;  444. 

CONVICT  LABOR  ON  ROAD  WORK. 

Reference  to  Periodicals. 

Canada — Canadian  road  building.  W.  A.  McLean.  (Good  roads,  January 

1911.  pp.  35-37.  20w) 

United  States — State  highway  data.  (Municipal  Jour.  May  1,  1913.  p.  612) 

Convict  labor  in  road  improvement,  E.  Stagg  Whitin  and  Jos.  H. 

Pratt,  (Good  Roads,  November  2,  1912.  p.  189.  900wr.) 

Convict  and  road  building.  E.  Stagg  Whitin.  (Southern  Good  Roads, 
June  1912.  p.  16.  170w.) 

Spirit  of  convict  road  building.  E.  Stagg  Whitin.  (Southern  Good 
Roads,  December  1912.) 

U.  S.  South. — Why  convicts  should  be  wrorked  on  the  public  roads.  H.  B. 

Varner.  (Southern  Good  Roads,  September  1913.  pp.  22-23.) 

U.  S.  South. — Road  ideas  for  the  South.  M.  0.  Eldridge.  (Good  Roads,  Feb- 
ruary 1911.  p.  66.  800  w.)  Convict  labor  as  substitutes  for  state  aid. 
U.  S.  South. — Defects  in  southern  road  laws,  D.  H.  Winslow.  Southern  Good 
Roads,  July  1912.  p.  10.  1800w.) 

Alabama — Cost  data  on  state  aid  road  in  Alabama  constructed  with  convict 
labor.  R.  P.  Boyd  (Eng.  and  Cont.  September  25.  1912.  p.  345.) 
Alabama — Cost  accounting  system  for  contract  convict  and  hired  labor  forces 
used  in  Alabama.  R.  P.  Boyd.  (Eng.  and  Cont.  Je.  24,  1914,  p. 
743.) 

Arizonia — Highway  laws  in  Arizonia.  (Good  Roads,  April  4,  1914.  p.  217.) 
Arkansas — Recent  higlrway  legislation.  (Good  Roads  July  5,  1913.  p.  8-9. 
1500w.) 

California — Use  of  convicts  on  roads  in  California.  W.  Fairchild.  Pacific 
Builder  & Engineer,  November  17,  1911.  p.  347.) 

Colorado — Road  building  by  convict  labor  in  Col.  T.  J.  Tynam.  (Good  Roads, 
November  4,  1911.  p.  237-240.  3000 w.  Illus.) 

Colorado — Convict  labor  in  Col.  (Engineering  Record,  December  16,  1911.) 
Colorado — Convict  labor  on  Col.  roads.  (Better  roads,  May,  1913.  p.  32.) 
Colorado — Road  work  by  convict  labor  in  Col.  (Good  Roads,  June  7,  1913. 
p.  320.) 

Florida — Convict  cages  for  highway  work.  (Good  Roads,  March  15,  1913. 
p.  178.) 

Georgia — Convict  labor  on  Georgia  Roads.  (Good  Roads,  July  8,  1911.  p.  440.) 
Georgia — Con  vie  t labor  on  a standard  pavement.  (Munic.  Eng.,  October,  1904.) 
Georgia — Comparison  of  the  methods  of  controlling  convict  labor  in  States  of 
Georgia  & Tennessee.  (Southern  Good  Roads,  July,  1914.  p.  27.) 
Georgia — Use  of  convicts  on  public  roads  of  Georgia.  (Eng.  Record.  August 
5,  1911.) 

Kentucky — Quarrying  with  city  prisoners,  Louisville,  Ky.  G.  D.  Grain,  Jr. 

(Municipal  Journal,  July  2,  1913.  p.  1-2.  lOOOw.) 

Louisiana — Road  conditions  in  Law.  (Better  Roads,  December,  1913.  p. 
5-9;  56.) 

Louisiana — Cost  of  road  construction  by  convict  labor.  (Eng.  & Cont.  July  10, 

1912,  p.  47.  lOOw.) 

Louisiana — Cost  of  convict  labor  on  Louisiana  Highway  construction.  W.  E. 

Atchinson,  (Eng.  & Cont.  December  12,  1913.  p.  538.  300w.) 
Michigan — State  highway  supervision  in  Michigan.  T.  A.  Ely.  (Better  Roads, 
April,  1912.  p.  91-94.  3100w.) 

Missouri — Quarrying  with  prisoners  in  St.  Louis,  Mo.  Harry  M.  Crutcher. 

(Municipal  Journal,  June  4,  1914.  p.  809 — ) 

Montana — How  to  mould  public  opinion.  A.  J.  Galen.  (Good  Roads  August  5, 
1911.  p.  80-81.  1600w.)  Discussion  of  the  Trusty  system  in  Mon- 
tana. 

New  Jersey — Convict  labor  in  New  Jersey.  (Munic.  Journal,  June  4,  1914.) 
New  Jersey — Prisoners  on  road  work  strike  at  Milton,  N.  J.  (Municipal  Jour- 
nal, July  16,  1914.  p.  79.) 

New  York — Convict  labor  on  roads  in  Cayuga  County,  N.  Y.  (Good  Roads, 
November  1,  1913.  p.  232.) 


110 


New  York — An  experiment  with  road  construction  'by  convict  labor  in  Onon- 
daga County,  N.  Y.  (Eng.  & Cent.  February  28,  1912.  p.  242-43. 
3500w.) 

North  Carolina — Suggested  legislation  for  State  aid  to  counties  in  Public  road 
work.  J.  H.  Pratt.  Southern  Good  Roads.  January,  1911.  p.  23.) 
North  Carolina — Use  of  convicts  in  road  improvement,  Jos.  A.  Holmes.  (Pub- 
lic Officials  Magazine,  October,  1911.  p.  3105-308.  2300w.) 

North  Carolina — Wide  Tires  and  other  features  of  the  good  roads  problem.  J. 

A.  Holmes.  (Southern  Good  Roads,  October,  1912.  p.  1 — -) 
Tennessee — Convicts  to  build  turnpikes.  (Good  Roads,  July  27,  1912.  p.  45.) 
Tennessee — Road  building  by  convict  labor  in  Davidson  County,  Tenn.  W.  G. 

Campbell.  (Good  Roads,  January  6,  1912.  p.  34.  1400w.) 

Texas — Convict  labor  on  Texas  County  Roads.  (Good  Roads,  January  13, 
1912.  p.  45). 

Virginia — Convicts  as  builders  of  roads,  Ohas.  Dew  (Southern  Good  Roads, 
December,  1912.  p.  18.  1000w.) 

Virginia — Labor  problem  in  road  construction,  P.  St.  J.  Wilson,  (Good  Roads, 
December  6',  1913.  p.  385.  — ) 

Virginia — Convicts  to  work  on  roads,  (Good  Roads,  May  17,  1913,  p.  297  — ) 
Washington — Highway  construction  in  the  State  of  Washington,  by  convict 
labor.  Frank  A.  Kittregde,  (Eng.  & Cont.,  June  26,  1912.  p.  722  — ) 
Washington — Good  Roads  work  in  Washington,  Frank  Terrace.  (Good  Roads, 
February,  1911.  p.  68.) 

Washington — Rock  crushing  by  convict  labor  in  Washington.  (Eng.  & Cent., 
February  5,  1913.  p.  148-149.) 

GENERAL. 

Advantages  of  the  use  of  convict  labor  in  highway  construction,  Jos.  H.  Pratt, 
(Eng.  & Cont.,  October  23,  1912.  p.  457-459.  2500w.) 

Working  convicts  on  highways,  “Pros  and  Cons”  of  several  States,  R.  Stone, 
(Public  Officials  Magazine,  October,  1911,  p.  291-302.  700w.) 

Plan  for  the  use  of  convict  labor.  J.  W.  Brewster.  (Pub.  Officials  Magazine. 
November,  1911.  p.  376-379.  2800w.) 

Digest  of  highway  laws  of  the  U.  S.  (Good  Roads,  April  4,  1914.  p.  217-230.) 
Cost  of  building  roads  with  convict  labor.  (Editorial,  Engineering  & Con- 
tract, June  24,  1914.  p.  711.) 

Convict  labor.  (Editorial.  Good  Roads,  June  7,  1913.  p.  310.) 

Road  experience  in  several  States.  (Municipal  Journal,  May  16,  1912.  p. 
748-749.  200w.) 


BULLETIN  NO.  6 OF  THE  RUSSELL  SAGE  FOUNDATION 

LIBRARY 

PENAL  FARMS  AND  FARM  COLONIES. 

GENERAL. 

American  academy  of  political  and  social  science.  Prison  labor,  ed.  by  E.  S. 

Whitin  and  J.  P.  Lichtenberger,  170p.  FhiL  The  Academy,  1913. 
(Annals.  March,  1913.) 

American  prison  association.  Proceedings  of  the  annual  congress.  No.  1-date, 
1870-date. 

Congres  penitentiare  international.  Actes  du  congres.  Session  No.  1-date, 
1872-date. 

(The)  Delinquent,  (formerly  The  Review):  monthly,  v.  1-date,  1911-date. 
N.  Y.  National  prisoners’  aid  association. 

Henderson,  C.  R.  Outdoor  labor  for  convicts;  report  to  the  Governor  of  Illi- 
nois. 154p.  Chic.  Univ.  of  Chic,  press,  1907. 

Henderson,  C.  R.  Penal  and  reformatory  institutions.  354p.  N.  Y.  Charities 
pub.  comm.  1910.  (Russell  Sage  Foundation  Publication.) 

Iowa.  Justice  department.  Report  of  the  Committee  appointed  to  investigate 
the  character  of  the  warden  and  the  general  management  of  the 
Iowa  Penitenitary  at  Fort  Madison,  together  with  a report  concern- 
ing the  jail  system  of  Iowa  with  recommendations.  95p.  Des 
Moines,  The  State,  1912. 


Ill 


If  !i  I!/,  I 


National  committee  on  iprison  labor.  Prison  labor  movement,  1910-1911,  as 
shown  by  party  platforms,  governors’  messages  and  legislation; 

Prison  labor  in  the  party  platforms  of  1911-1912;  Prison  labor  in  the  Governors’ 
messages  1911-12-13.  (in  Prison  labor  leaflets,  Nos.  3,  5,  7-8,  1911-13.) 

New  York  (State).  Prison  association.  Annual  reports,  No.  64-date,  1909- 
date. 

Ontario.  Prison  labor  special  committee.  Report  44p.  Toronto,  Govt.  1908. 

Poor  law  conferences.  Official  reports.  1895-date. 

Whitin,  E.  S.  (The)  Caged  man,  a summary  of  existing  legislation  in  the 
United  States  on  the  treatment  of  prisoners,  136p.  N.  Y.  Acad,  of 
pol.  science,  1913. 

Whitin,  E.  S.  Penal  servitude.  162p.  N.  Y.  Natl,  comm  on  prison  labor.  1912. 

Whitin,  E.  S.  Substitutes  for  the  convict  lease  system,  (in  Southern  Work- 
man. v.  43p.  177-182,  March,  1914.) 

PENAL  FARMS  FOR  CONVICTS. 

Fetter,  F.  A.  Witzwil,  a successful  penal  farm,  (in  Survey,  v.  25,  p.  760-766, 
Feb.  4,  1911.) 

Lewis,  O.  F.  Newest  state  prison  is  run  on  honor  system,  (in  The  Delin- 
quent. v.  3,  March  and  April,  1913,  p.  10-16.) 

Lewis,  O.  F.  Prison  of  the  twentieth  century,  (in  Independent,  v.  78,  p. 

284-286,  May  18,  1914).  (Also  in  The  Delinquent,  v.  4,  May,  1914, 
p.  11-14.) 

Louisiana  State  Penitentiary  (Baton  Rouge).  Biennial  reports.  No.  1-date, 
1901-date. 

Mississippi.  State  penitentiary.  Biennial  reports.  1907-09-date. 

New  Zealand.  Justice  department.  Prisons  branch.  Reports.  1901-date. 

North  Carolina.  State’s  prison  (Raleigh).  Reports.  1909-10-date. 

Ohio.  State  reformatory  (Mansfield).  Biennial  reports.  1905-date. 

(A)  Philippine  prison.  (In  National  civic  federation.  Woman’s  department. 
Bulletin,  v.  11,  August,  1914.) 

White,  F.  M.  Great  Meadow  and  Sing  Sing,  (in  Outlook,  v.  105,  p.  846-854, 
Dec.  20,  1913.) 


PENAL  FARMS  FOR  MISDEMEANANTS. 

Cooley,  H.  R.  Farm  colony;  our  experiment  in  Cleveland,  (in  National  con- 
ference of  charities  and  correction.  Proceedings.  1912,  p.  191-195.) 

Cooley,  H.  R.  Organization  and  development  of  our  city  infirmary  or  colony 
farm,  (in  National  conference  of  charities  and  correction.  Pro- 
ceedings. 1912,  p.  437-439.) 

Kansas  City.  Municipal  farm  (Leeds,  Mo.).  Annual  reports;  No.  1-date, 
1909-10-date.  (In  Kansas  City.  Board  of  public  welfare.  Annual 
reports.  No.  1-date,  1909-1.0-date.) 

Massachusetts.  State  farm  (Bridgewater.)  Annual  reports.  No.  1-date,  1854- 
date. 

New  York  (State).  State  industrial  farm  colony.  Report,  1911-12. 

Rhode  Island.  State  charities  and  corrections  board.  Annual  reports.  No. 
1-date,  1869-date. 

Swift,  M.  I.  Humanizing  the  prisons.  (In  Atlantic  Monthly,  v.  108,  p.  170- 
179,  Aug.,  1911.) 

Washington,  D.  C.  Workhouse  for  the  District  of  Columbia  (Occoquan).  An- 
nual reports.  No.  1-date,  1910-11-date.) 

Whittaker,  W.  H.  (The)  Industrial  farm.  (In  The  Delinquent,  v.  4,  May, 
1914,  p.  9-11.) 


LABOR  COLONIES  FOR  VAGRANTS  AND  UNEMPLOYED. 

Alden,  Percy.  (The)  Unemployed;  a national  question.  199  p.  Lond.  King, 
1905. 

Booth,  Williaiq.  In  Darkest  England,  and  the  way  out.  285  p.  N.  Y.  Funk, 
1890. 

Booth,  William.  Vagrant  and  the  unemployable;  a proposal  whereby  vagrants 
may  be  detained  under  suitable  conditions  and  compelled  to  work. 
79  p.  London,  Salvation  army,  1909. 


. • ■'  - ^ i , l V- 

JBawsbn , W.  H.  Vagrancy  problem;  the  case  for  measures  of  restraint  for 
tramps,  loafers,  and  unemployables;  with  a study  of  continental  de- 
tention colonies  and  labour  houses.  270  p.  Lond.  King,  1910. 

Great  Britain.  Board  of  trade.  Labour  department.  Report  on  agencies  and 
methods  for  dealing  with  the  unemployed,  by  H.  L.  Smith.  438  p. 
Lond.  Govt.  1893. 

Great  Britain.  Board  of  trade.  Labour  department.  Report  on  agencies  and 
methods  for  dealing  with  the  unemployed  in  certain  foreign  coun- 
tries, by  D.  F.  Schloss.  236  p.  Lond.  Govt.  1904. 

Great  Britain.  Local  government  board.  Departmental  committee  on  vag- 
rancy. Report.  3 v.  Lond.  Govt.  1906. 

Great  Britain.  Royal  commission  on  the  poor  laws  and  relief  of  distress.  Re- 
ports on  visits  paid  by  the  Labour  colonies  committee  to  certain 
institutions  in  Holland,  Belgium,  Germany  and  Switzerland.  (In 
its  Report.  Appendix,  v.  32.  120  p.  1910). 

Haggard,  H.  R.  Poor  and  the  land;  being  a report  on  the  Salvation  army 
colonies  in  the  United  States  and  at  Hadleigh,  England,  with  scheme 
of  national  land  settlement.  157  p.  N.  Y.  Longmans,  1905. 

Kelly,  Edmond.  Elimination  of  the  tramp  by  the  introduction  into  America 
of  the  labour  colony  system,  already  proved  effective  in  Holland, 
Belgium  and  Switzerland,  with  the  modifications  thereof  necessary 
to  adapt  this  system  to  American  conditions.  Ill  p.  N.  Y.  Putnam, 
1908. 

Lewis,  O.  F.  Concerning  vagrancy:  labor  colonies.  (In  Charities  and  the 
Commons,  v.  20,  p.  674-681,  Sept.  5,  1908.) 

Lewis.  O.  F.  Vagrancy  in  the  United  States.  74  p.  N.  Y.  1907. 

New  South  Wales.  Labour  commissioners.  Report.  1902-03.  62  p.  Sydney, 

^ Govt.  1903. 

New  York  (State).  Employers’  liability  commission.  Committee  on  unem- 
ployment. Investigation  into  European  methods  of  dealing  with 
unemployment,  bv  G.  A.  Voss  and  W.  M.  Leiserson.  (In  its  Re- 
port. No.  3,  Apr.  26,  1911,  p.  70-111.) 

Pringle,  J.  C.  Labour  colonies.  (In  Economic  review,  v.  15,  p.  50-73,  Jan. 
1905.) 

Toynbee,  H.  V.  Problem  of  the  unemployed.  (In  Economic  Review,  v.  15,  p. 
291-305.  July  1905.) 

Van  Schelle,  A.  F.  City  of  Vagabonds;  the  largest  colony  of  mendicants  in 
the  world.  Merxplas,  Belgium.  (In  American  Journal  of  Sociology, 
v.  16,  p.  1-20.  July,  1910.) 

(Der)  Wanderer:  monthly  v.  1-date,  1882-date.  Bethel  bei  Bielefeld  Deutseher 
herbergsverein. 

Wilson,  Albert.  Unfinished  man;  a scientific  analysis  of  the  psychopath  or 
human  degenerate.  375  p.  Lond.  Greening,  1910. 

FARM  LABOR  FOR.  DELINQUENT  AND  DEPENDENT  BOYS. 

Dean,  A.  D.  Certified  milk  and  certified  boys.  (In  Craftsman,  v.  23,  p.  680- 
687.  March.  1913.) 

Canaan  (N.  Y.)  Berkshire  industrial  farm.  Annual  reports.  No.  1-date,  1886- 
date. 

New  York  (City).  Lincoln  agricultural  school.  (Lincolndale).  Reports  of  the 
Director.  No.  1-date.  1907-dat.e.  (In  New  York  City.  Catholic  Pro- 
tectory Annual  reports.  No.  45-date,  1907-date.) 

New  York  (State).  State  agricultural  and  industrial  school  (Industry).  An- 
nual reports.  No.  54-date,  1901-02-date. 

FARM  LABOR  FOR  DELINQUENT  WOMEN  AND  GIRLS. 

New  York  (State).  Legislature.  An  act  to  establish  a State  farm  for  women. 

' (Chapter  467.  May  22,  1908.) 

New  York  (State).  Reformatory  for  women  (Bedford).  Annual  reports.  No. 
1-date.  1901-date. 

Pennsylvania.  Sleierhto"  farm  school  for  girls.  Annual  reports  (in  Pennsyl- 
vania. Glen  Mills  schools  (Glen  Mills  and  Darlington).  Annual  re- 
ports. 1908-date.) 

Tarbell,  I.  M.  Good  will  to  woman.  (In  American  Mag.  v.  75,  p.  45-53.  Dec 
1912.) 


( 


